CHICAGO ATTORNEY ONLINE.COM

HELP! PUT ME OUT OF BUSINESS!

 Most of the questions peopel ask me on my website, blog, and on phone calls deal with helping people out who have been involved in some tragedy.  I thought I should spend at least some space to try to prevent those calls from every happening, and thus go out of business.  Do not worry about me, I will find something to do.

 

There is a book which can help you avoid becoming the victim of medical malpractice.  The Life You Save: Nine Steps to Finding the Best Medical Care - And Avoiding the Worst.  It’s an excellent book.  Patrick Malone is an accomplished trial lawyer who has done worlds of good for his clients, and many who are not his clients.  He teaches regularly at seminars for lawyers sharing trial techniques.  This book is written for regular people, not lawyers or doctors.  Some of the steps you may find intimidating.  For instance, the book explains how to obtain your medical records, read them and organize them.  Some doctors will find this unsettling.  However, more information, not less, leads to good quality care, which should be your doctor’s goal.  If you have a doctor afraid of good quality care, you should find another.  Below is a link to the book, as well as a picture of the cover, and an interview with the author.  Consider buying it for yourself or a friend.       

 

 

 

Read Chapter One of his new book: The Life You Save: Nine Steps to Finding the Best Medical Care -- and Avoiding the Worst, by clicking here:

 

The Life You Save Excerpt

 

Read Chapter Two, and watch an interview with him on the Today show, by clicking here:

http://today.msnbc.msn.com/id/31852307/ns/today_books-family_and_health.

 

The world is becoming more aware that teenage drivers need some extra time and practice before they are given the opportunity to drive.  While it certainly causes a hardship on some, delaying that driver’s license somewhat past the 16^th birthday, and then restricting the number of passengers a teenager can drive around has saved lives and countless injuries.  In addition to those new laws, specialized training will help teenagers from ever getting into a crash.  Consider looking at Tire Rack Street Survival, www.streetsurvival.org.  Send your kid, niece or nephew, or grandchild, if you can.  If not, support the cause and/or encourage your school, village or municipality to sponsor an event.  It’s primary emphasis is a hands-on driving experience in real world situations.  Kids use their own cars, not race cars, and learn how to control them under a variety of circumstances. 

 

Insurance companies charge high rates to teenage drivers for a reason: they get into a lot of crashes.  You could be one of their next victims.  So here is an organization you can support which may teach that teenager how to avoid crashing into you or a loved one. 

 

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

 

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.                                                              

           

Tags: medical+malpractice+lawsuit,+chicago+attorney

Is Fruit Worth Suing Over?

So now somebody is suing Kellogg’s because there is no fruit in Froot Loops.  Better yet, he is suing on all of our behalf.  Is it crazy?  Maybe, but let’s look beyond the headline.  I am not a big fan of these lawsuits, though I find some merit in the concept.  Call me crazy? That is what many called the lawyers who began suing the tobacco industry many years ago.  Those suits have resulted in dramatic changes in society and billions of dollars changing hands, some of which you benefit from.  That’s right, you.  The tobacco industry has given billions of dollars to each and every state.  It was supposed to go to tobacco prevention, etc.  Most of it ends up in the coffers of the state and is spent just like any other general revenue.  Likewise, anti-smoking laws exist today which would have been laughed at ten years ago.  Let’s admit it, society’s attitude towards smoking has changed dramatically.  I give lawyers the credit, not good-natured tobacco companies.

 

So while I think this guy’s complaint is a bit far-fetched, I do find merit in the law’s role changing society.  Similar food suits were being considered and/or brought against McDonalds and other fast food companies.  The very well funded PR/lobby machine of the fast food industry put a quash to that, even going so far as to pass national and state laws preventing such actions.  The intended benefit of the lawsuit came about anyways.  We are now much more aware of the nutritional values of our food.  Perhaps that is what this guy is trying to accomplish, even if it seems rather obvious that there is a very limited, if any, nutritional value with respect to fruit intake in these cereals.  Doubtful our children know that, however.  And since they are the intended beneficiary of this lawsuit, perhaps it is not so bad that it is brought.  I do not think it really has much to do with money for the Plaintiff, even if he is asking for it. 

 

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.

Tags: chicago+attorney

Can I Sue My Apartment Complex?

Q.  I am leasing an apartment that has represented its property to be highly secure.  They have surveillance cameras and an on-site security officer.  My car was broken into while in the secured and fenced parking lot.  I am now facing about $1,000 in losses due to electronics that were stolen as well as a broken window.  It turns out that the surveillance system was not on and there was no video of the vandalism and theft.  Can I sue the apartment complex?

 

A.  Your question is a good one, but more often involves a tragic personal injury case.  Consider your same question, and this time the criminal broke into the apartment complex and injured or raped a tenant.  The legal issues are largely the same. The criminal act would often be considered an “unforeseeable intervening cause”.  That is, sometimes the law closes its eyes and says that it is unforeseeable that a criminal act could occur.  Of course, those of us living in the real world know otherwise. 

 

The representations in the lease, promotional material and statements by the apartment complex’s agents would be very important to examine.  Those representations may overcome the principal of law discussed above.  They may also create a cause of action for some sort of breach of contract, depending on how specific the language was. Parking lot cases are also considered under a few other legal concepts, namely license and bailee/bailor.  When you turn over your keys to a valet attendant for instance a bailee/bailor relationship is established.  There, generally speaking, the parking lot attendant has the responsibility to return the vehicle to you in the same condition which you gave it to him, and is responsible for intervening criminal acts.  The same is not the case when you keep the keys and simply park the car yourself in a parking lot.  There, intervening criminal acts would most often prevent a recovery, unless, as I stated above, there are some representations orally or in writing which you would have a right to rely upon.

 

Realistically, in the case which you describe, it is unlikely that the thousand dollars worth of property damage would be enough to bring suit over.  The filing fees alone would create a barrier to moving forward.  However, in those cases where there are serious injury or death, the issue of inadequate security is often fought over. 

 

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.

 

According to politicians and the media it is really easy to sue a doctor. How often do doctors win at trial?

Q.     According to politicians and the media, it is really easy to sue a doctor.  How often do doctors win at trial?

A.     Most people are shocked to know the true statistics.  It would be reasonable to assume, based upon the statements and arguments of politicians, transmitted through the media without analysis or consideration, that nine out of 10 Plaintiffs win their medical malpractice lawsuits.  When I ask the average person, they generally say 50/50.  Across the country that is not so, and even in Cook County where I practice it has never been close to that.  In fact, right now doctors are winning nearly 8 out of 10 jury trials in Cook County.  Historically, doctors win about 2/3 of the cases which are tried. 

Besides being statistically difficult to beat doctors at trial, it is expansive.  Medical malpractice cases require expert testimony at trial from a similarly situated physician, as well as consultants and other expensive preparation.  Moreover, unlike any other type of suit, attorneys fees on medical malpractice cases are capped.  In summary, you have a case that is more likely to lose then any other type of case, with more expenses than any other type of case, with a capped fee.  One does not have these obstacles in suing a lawyer, truck driver or anyone else for that matter.

So, in summary, no, it is not easy to collect from doctors when they are negligent.  In fact, most any Plaintiffs lawyer, as well as prominent medical journals, will tell you that there is far more medical malpractice then there are recoveries.  Given the odds and statistics shown above, it is difficult to take a case that is not of very significant value.  Since most medical malpractice cases involve a contingency fee for the Plaintiff’s attorney, he or she is not going to take the case unless a return can be made upon the significant investment of time, money and energy.  Contrary to what you may have heard, Plaintiff’s lawyers do not file frivolous lawsuits.  Would you spend your time and money prosecuting a case where the odds are against you?  Not if you wanted to stay in business for very long.

   

Below is a link to the Cook County jury verdict’s research and statistics on this issue, which many will find very interesting, and contrary to the frequent statements from the media and politicians.

http://www.lawbulletin.com/assets/documents/8540%20ILJVR%20article.pdf

Tom Paris, Chicago Attorney 
312/759-1600
312/201-1436(fax)

Tags: chicago+attorney, suing+a+doctor

 

Disclaimer:

The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.

I recently got my ears pierced, can I sue?

I recently got my ears pierced at the mall and ended up with an infection and had to have three minor surgeries as a result.  I also missed a week of work.  I signed a waiver of liability when getting my ears pierced, do I still have the right to sue for medical expenses and lost wages?

 

Answer:

 

Good question.  A release certainly could be effective in some situations (paint ball, hang gliding or parachuting come to mind), however, this is somewhat along the lines of a medical procedure, and an "exculpatory clause" certainly would not be effective in those situations if there was negligence.  You must still prove that the professional did something that a reasonably competent professional in the field would not do, or didn't do something which a professional in the field would have done.  Of course you would need to hire such an "expert witness" for that purpose.  The defendant would likely blame you for not following instructions, or as Drs. often do, simply say it was a "bad result" and they did everything right.  I call this the sh*t happens defense, and while I poke fun at it, it can be remarkably effective, as the statistics on this link show for recent IL verdicts.    http://www.lawbulletin.com/assets/documents/8540%20ILJVR%20article.pdf   Tom Paris, Chicago Attorney  312/759-1600 312/201-1436(fax)   Disclaimer: The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact Thomas M. Paris or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; as Thomas M. Paris will not assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Thomas M. Paris. Also, no such information, documents or materials will be returned to you.