Posted On: January 10, 2008

Mother from Fairview Heights, Illinois sues herself for son's head injuries in automobile accident

A woman from Fairview Heights, Illinois collided with a Madison County ambulance in a 2005 automobile accident during which her one-month-old son sustained permanent head injuries. The woman has filed an Illinois personal injury lawsuit in which she is listed as a plaintiff acting on behalf of her infant son as well as an individual plaintiff. She, along with the Mission Care of Illinois ambulance driver, is also listed as a defendant. Her lawyer alleges that she failed to avoid an accident with the ambulance by not slowing down, stopping, or swerving. The attorney also claims that the ambulance driver was also careless and negligent.

Click here for the full article

Posted On: January 2, 2008

The Doctors' Apology - an Illinois lawyer's perspective

Recently a colleague referred a case to me involving blatant medical negligence. The referring attorney explained the series of events involving a misdiagnosis, a failure to diagnose, and a relatively simple procedure essentially done backwards causing material to be pumped out of the patient’s stomach of pumped into the patient’s stomach. As he explained the situation to me, it was clear that the doctor had made mistakes and caused the patient severe pain and permanent injury. It was no surprise to me that the patient had decided to pursue legal action. Apparently, however, the patient was reluctant to file a personal injury claim based on the medical malpractice of the doctor. The patient was reluctant to file a personal injury lawsuit , that is, until the doctor behaved arrogantly and refused to admit any wrongdoing. The old rule in medicine was to never apologize and never admit mistakes, but the old rule may not be the smart rule. In a recent New York Times article, a doctor explains a mistake he made and how his apology diffused the situation and even won over the patient. As an personal injury attorney I have seen that, unfortunately, mistakes are more commonplace in medicine than anyone would like to admit. Even more unfortunately, apologies are nearly non-existent.

For the complete New York Times article, click here.