As the population in the United States continues to age, it is estimated that there will be 19 million Americans over the age of 85 by the year 2050. Currently, 1 in 8 Americans resides in a long-term care facility …
Avoidable Medical Errors: The Third Leading Cause of Death in America
The Center for Justice & Democracy reports that according to the report, published in the Journal of Patient Safety, ‘between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death,’ the study says. Only heart disease and cancer cause more deaths in America than avoidable medical errors.
Source: Marshall Allen, “How Many Die From Medical Mistakes in U.S. Hospitals?” ProPublica, September 19, 2013, cited in CJ&D’s Briefing Book: Medical Malpractice – By The Numbers (p. 77)
Source: Spotlight: Avoidable Medical Errors Are the Third Leading Cause of Death in America | centerjd.org
The Guilty Plea Effect in Civil Litigation
What happens when a party to civil litigation has pled guilty to a crime and the civil litigation arises out of the same set of facts as the criminal complaint? An admission against interest arises. A plea agreement will have an …
Serving a Chinese Company or Person in The People’s Republic of China.
In Back to the Future III, Mary McFly tries to explain to the Doc, “Hey Doc all the best stuff is made in Japan.” Twenty years later we can say the same for China. China is one of the world’s …
State Legislatures Take Charge of Online Privacy Issues.
With the Federal Government unable to agree on anything, vital privacy issues have fallen into the laps of State Legislatures. State legislatures now must deal with growing public concern about the collection and trade of personal data. In response to …
Cab Drivers are Not Agents of Taxi Companies in The City of Chicago.
Every third car in the city of Chicago seems to be a cab. While this might be an over-estimate, there is no doubt that it is very easy to catch a cab in …
Minor Child Settlement Rights
I recently came upon a case where a mother was insistent that she was going to settle a case on behalf of her son and was entitled to the settlement money. The child had been injured in an accident and …
The Practice: How to Create Reusable Forms
Frequently the practice of law uses form documents. It can be tremendously time consuming and ultimately costly to the client, to recreate these similar documents over and over. Don’t re-invent the wheel. Below is an easy way to use Microsoft …
Denying Subsequent Remedial Measures
Illinois courts have held that evidence of subsequent repairs is not admissible for the purpose of showing prior negligence, but is admissible for the purpose of showing who had control of the premises on which the injury occurred when control …
What to do if You’re in an Auto Accident
Auto accidents happen hundreds of times per day. When you get in an accident, there are a few things you need to do to ensure that you are making the best of a bad situation. I deal with many of …