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Arlington Heights personal injury attorney

One of the most crucial parts of any personal injury lawsuit is proving negligence. In a medical malpractice suit, for example, a patient may only collect damages if the healthcare professional in question was negligent in his or her treatment of the patient. Similarly, a property owner or business owner who invites guests onto his property displays negligence if the building or grounds have obvious dangers that cause a guest or patron to suffer an injury.
When negligence causes an innocent party to experience damages like lost wages at work, expensive medical bills, or ongoing medical expenses, it is only fair that the person who is liable for the damages pays for them. Through a personal injury lawsuit, you may be able to collect compensation for damages, but the first step is proving negligence.

Negligence Can Include Actions and Failure to Act

For the purposes of personal injury law, negligence can be defined as the failure to exercise reasonable care and attention toward others in a way that causes them damages. “Reasonable” in this context means that it is what most other people would do in similar circumstances. For example, say a shop owner notices an exposed live wire and does not repair it, but instead continues to allow customers to go near the wire. A patron is then injured after accidentally touching the wire. The shop owner would probably be considered negligent because a reasonable person would not allow unsuspecting customers near such a hazard. In some circumstances, a crime, such as reckless driving, can also constitute negligence because a reasonably careful person would not drive recklessly.


Arlington Heights medical malpractice attorney delayed diagnosis

For patients who are suffering from serious medical issues, the diagnosis of their condition is essential to make sure they can receive the proper treatment. This is especially true in cases involving diseases such as cancer, since surgery, chemotherapy, or other treatments must be performed before the illness progresses beyond a certain stage. A delayed diagnosis can cause a person to suffer serious harm, and in some cases, their condition may progress to the point where it is untreatable, resulting in wrongful death

When Is a Delayed Diagnosis Considered Medical Malpractice?

Properly diagnosing a patient’s condition can often be difficult, since people can experience a wide variety of symptoms that can be interpreted in different ways. Doctors are trained to recognize the signs of serious illnesses, and if they are uncertain about a diagnosis, they should take the proper steps to gain as much understanding about a patient’s condition as possible. Some forms of medical negligence that could lead to a delayed diagnosis include:


Arlington Heights medical negligence attorney

Parents' most important job is to protect their children and this responsibility begins at the conception of their child. For pregnant mothers, this can include taking prenatal vitamins, attending required doctor appointments, and following the dietary guidelines given to them by their health provider to keep their baby healthy and safe, even before birth. As is true throughout the child’s life, there are some matters that are out of the parents’ hands—and this battle begins before the child is born. According to the Birth Injury Justice Center, seven out of every 1,000 children will suffer from a birth injury. Some of these injuries may be minor, while others can bring on a lifetime of medical bills, doctor visits, and various other struggles that the child must endure. Depending on the circumstances, medical malpractice may have caused your child’s birth injury. 

Getting to the Root of the Problem

There are a number of reasons why a child may suffer from a birth injury. There may be natural causes, genetic dispositions, or medical mistakes that contributed to the child’s injuries. Before a parent can take legal action in defense of their child, it is important to pinpoint the possible causes of the injuries. One of the uncontrollable causes of birth injuries is the size of the child. Babies weighing over eight pounds or those born before the 37-week mark who are fragile and underweight have a higher risk of suffering from a birth injury. Prolonged labor can also lead to such injuries. The mother’s health is a key factor in her child’s well-being. If the mom has been exposed to toxins throughout the pregnancy or if she is severely overweight, it is not uncommon for birth injuries to result.


Arlington Heights medical error attorney

If you believe you have suffered in some way due to the negligence of a medical professional, you might want to consider filing a medical malpractice claim. While these cases might be complex, especially depending on which types of accusations are being levied, the actual elements of a medical malpractice claim—the parties, the proof, and the process—are relatively straightforward. Below is a brief summary of each component.

The Parties

The parties involved in a medical practice claim and the terms used to describe these parties are as follows:


Rolling Meadows personal injury attorney Legionnaires' diseaseAlthough many people may have heard of Legionnaires' disease, they may not know that it is a severe form of pneumonia. In many cases, it is possible that the disease could have been prevented. If you or someone you love has been diagnosed with the condition, you and your family may be entitled to compensation. In some cases, the misdiagnosis of this disease may even be the result of medical malpractice. Typically contracted through the inhalation of contaminated mist, the condition can be fatal, especially in those with compromised immune systems or certain lung conditions. Victims and their families may be able to pursue compensation for a Legionnaires' disease infection through a personal injury or wrongful death lawsuit. 

Symptoms of the Disease

At first, Legionnaires' disease may look like the flu, as early symptoms include headaches, fever, and muscle aches. However, as the condition worsens -- typically by the second or third day after contracting the infection -- the victim may experience chest pain, shortness of breath, gastrointestinal issues, confusion, and severe coughing, which may produce mucus or blood. If left untreated, the condition can (and often does) result in fatality. Those with compromised immune systems, such as the elderly and those with specific lung disorders, are not only at higher risk for fatalities, but they are also at an increased risk for contracting Legionnaires’ disease. A milder form of Legionnaires disease, Pontiac fever, can produce the early symptoms but may not progress in severity. Still, victims may be entitled to compensation for any medical expenses, missed time at work, or pain and suffering related to their condition.

How Is the Disease Contracted? 

Like other forms of pneumonia, Legionnaires' disease is an inflammation in the lungs caused by an infection. It is contracted through the inhalation of the bacterium legionella. Found in both soil and water, the most common method of intake is through a mist, such as via an air conditioning unit of an old building, where the bacteria is able to grow and run rampant. Other places and ways that the condition can be contracted include:

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