The post What is a C5/C6 Injury? appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>Call us at (312) 321-1111 to schedule a free consultation with one of our legal professionals regarding your case.
The C5 and C6 vertebrae are two of the bones that make up the upper part of the spinal column, the bony structure that keeps the upper body upright and protects the spinal cord. The spine is broken up into three different sections: the cervical spine, the thoracic spine, and the lumbar spine. The C5 and C6 vertebrae are cervical vertebrae, which are at the top of the spinal column closest to the head.
The spinal cord is one of the most integral parts of the central nervous system, as it sends and receives messages from the brain. This allows our nervous system to continue with automatic bodily functions like digestion and allows us to control manual movements like walking. Each vertebra is responsible for protecting the spinal cord and the spinal nerves that extend throughout the body.
Like all other spinal vertebrae, the C5/C6 vertebrae protect the spinal cord nerves from becoming damaged. More specifically, the C5/C6 vertebrae support the head and neck and allow the neck to have a certain amount of flexibility. This allows the head and neck to tilt and twist without damaging the spinal cord or spinal nerve roots in the process.
The C5/C6 nerves control motor function and sensory input from different parts of the upper body. The C5 nerves provide control and sensory relay for the deltoid and bicep muscles, as well as the shoulder muscles. The C6 nerves provide control and sensory relay for the thumb side of the forearm, hand, and wrist extensor muscles. Back injuries that damage these nerves impede movement and sensation for these specific parts of the body.
There are a number of different cervical spine injuries someone may suffer from as a result of trauma, age, wear, or growth. Below are some of the most common C5/C6 injuries, as well as their symptoms.
The spinal vertebrae are separated from one another by intervertebral discs, which cushion the bones in the spinal column. When the intervertebral disc is compressed hard enough, it can cause the squishy material at the center of the disc to be pushed through the harder outer part of the disc. This is referred to as a herniated disk.
Cervical disc herniation can lead to cervical radiculopathy, a condition where pinched nerves in the neck cause pain, numbness, and weakness. It can also cause spinal stenosis, a condition where the cervical spinal canal is narrowed, either by a herniated disc or bone spur.
We dive into this further here: radiculopathy vs neuropathy.
Vertebral fractures are a type of spine fracture that results in breaks or cracks in the vertebrae. The cervical vertebrae are made up of a number of different parts, like the vertebral body and vertebral arch, which can become broken through trauma. The primary symptom of a vertebral fracture is neck pain, and this kind of fracture can be identified using diagnostic imaging tests like CT scans and radiographs.
Cervical spondylosis is a condition caused by degenerative arthritis of the cervical spine (cervical osteoarthritis). As our bodies age, the intervertebral discs can wear down, causing vertebrae to rub together and generate bone spurs. This condition causes neck pain, headaches, and a grinding feeling when moving the neck.
Scoliosis is the abnormal curvature of the spine, which can often occur in children just before puberty. Cervical scoliosis occurs when the cervical spine is unnaturally curved, either in isolation from the rest of the spine or as a result of a severe case of scoliosis, which affects multiple parts of the spine. This can lead to uneven shoulders, a loss of height, or an unnatural bend to the neck.
Cervical spine injuries can occur in a variety of different contexts, but all of them have the capacity to cause serious, long-lasting damage. Below are some of the most common causes of C5/C6 injuries and how they could affect the cervical spinal cord.
Trauma from a motor vehicle accident can very easily cause serious injuries, including C5/C6 injuries. Things like rapid deceleration can cause the head and neck to move violently back and forth, which can lead to pinched nerves, herniated discs, or damage to the spinal cord. A Chicago motor vehicle accident attorney can help these victims recover compensation for their suffering.
In a slip-and-fall accident, someone can hit their head on a hard surface like a table, the stairs, or the floor. This can cause a traumatic brain injury, but it can also cause spinal injuries like whiplash as a result of rapid head and neck movements. Property owners are responsible for keeping their property safe, so when they leave trip hazards or wet floors unresolved, they could be found liable for injuries in a premises liability lawsuit. Be sure to consult with a Chicago premises liability attorney at Curcio & Casciato to learn more.
Another common cause of spinal cord injuries is chiropractor malpractice. Improper manipulation or excessive force during neck adjustments can cause damage to the cervical spine, causing C5/C6 injuries like disc herniation or vertebral fracture. At Curcio & Casciato our Chicago chiropractor malpractice attorneys have the skills and experience necessary to help victims recover a fair settlement.
Neck injuries don’t have to occur as a result of physical trauma–they can occur very slowly over the course of years or even decades. General wear and tear can cause intervertebral discs in the spine to wear down, eliminating the cushion between the vertebrae. This can lead to pinched or inflamed nerves, bone spurs, and limited movement.
In the digital age, poor posture, especially from prolonged use of technology, can lead to what is often referred to as “tech neck.” This condition arises from constantly looking down at devices, going against the spine’s natural cervical curve, and causing strain. This forward head posture can lead to neck pain, disc pain and degeneration, and bone spurs.
There are a number of various treatments available for a cervical spinal cord injury, as the long-term effects of fractured vertebrae are different for everyone. Depending on the severity, a C5/C6 may require invasive medical treatment like surgery, but in some cases, these injuries can be treated with non-surgical methods.
In cases where there is severe damage, such as a herniated disc, fracture, or compression of multiple nerve roots or the spinal cord, surgery may be necessary. Below are some of the various surgical procedures someone with a C5/C6 spinal injury may undergo to reverse or repair damage to their spine or spinal cord.
Surgery isn’t the only way to heal a cervical spinal cord injury, nor is it the only way to help manage spinal cord pain. Those who have suffered from cervical spinal cord injuries may undergo various non-surgical treatments, including:
Yes, if you have suffered from a cervical spinal cord injury as a result of someone else’s negligence, you can file a personal injury lawsuit and sue for damages. To sue for a spinal cord injury, you must establish that another party is liable. This means proving that their actions (or inactions) directly caused your injury. A Chicago personal injury attorney can walk you through the process and ensure that the person responsible for your injury is held liable.
While some C5/C6 injuries can be minor, severe spinal injuries can lead to things like chronic pain, limited mobility, and, in severe cases, paralysis. In some cases, full spinal cord injury recovery isn’t possible. A Chicago paralysis attorney will ensure you receive fair compensation for all past and future damages, based on the severity of your injury.
If you have suffered from a cervical spinal column injury, you may be able to recover compensation for damages, such as:
A cervical spinal cord injury can seriously alter a person’s life, causing irreparable damage to their body and their ability to function independently. When people suffer from spinal cord injuries as a result of a preventable accident, the person responsible for the accident should be held liable for their negligence.
If you or a close family member has suffered from a C5/C6 injury, speak to one of the legal professionals at Curcio & Casciato. Our Chicago back injury lawyers have years of experience handling serious injuries and recovering compensation on behalf of our clients, and we will fight hard to ensure you receive fair compensation for your losses.
Call us at (312) 321-1111 or contact us online and schedule a free initial case evaluation with a member of our expert team.
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]]>The post HIE Stages appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>For families in Chicago, the top Chicago birth injury attorneys at Curcio & Casciato stand ready to help navigate the complexities that come with HIE-related birth injuries. If you or your baby has suffered life-altering injuries during birth that were directly caused by negligence, you may have grounds to file a birth injury lawsuit. Call Curcio & Casciato at 312-321-1111 to schedule a free consultation.
Hypoxic Ischemic Encephalopathy (HIE) falls under the medical umbrella of neonatal encephalopathy. It’s a serious neurological condition in newborns characterized by a shortage of oxygen (hypoxia) and reduced blood flow (ischemia) to the brain. This initial oxygen deprivation and lack of cerebral blood flow can lead to the death of brain cells and brain damage, which can occur before, during, or after childbirth.
The severity of HIE can range significantly, depending on which of the HIE stages the child is in, with symptoms varying from mild to permanent, preventing a child’s normal brain development and quality of life.
Understanding HIE stages is crucial not only for medical professionals but also for parents and legal advocates who may be involved in addressing the consequences of the condition when it is linked to malpractice.
While advances in medical care have reduced the incidence of HIE, it still affects about 1.5 to 2.5 per 1,000 live full-term births in developed countries like the United States. Of those who receive an HIE diagnosis, approximately 40% to 60% either die or suffer significant disabilities by the time they reach 2 years old.
Premature infants are at a higher risk of birth asphyxia. The hypoxic-ischemic brain injury remains a significant cause of long-term disability and represents a crucial concern for health professionals and parents alike.
Neonatal Encephalopathy is the result of a reduction in the supply of oxygen and blood flow to an infant’s brain at or around the time of birth and potentially interrupts the delicate balance required for a newborn’s developing brain:
The HIE stages are determined by the severity of the condition, assessed through clinical findings, and the Sarnat staging system. Hypoxic ischemic encephalopathy stages are graded based on the baby’s symptoms, including alertness, muscle tone, seizures, pupil size, respiration, and duration of the condition during the neonatal period.
The Sarnat staging system is also used alongside a clinical and electroencephalographic study, which is used to measure the electrical activity in the baby’s brain. If the child’s HIE is severe, medical providers may also order a brain imaging scan, such as a magnetic resonance imaging (MRI), to see the extent of damaged brain cells.
In the initial phase of HIE, referred to as Mild HIE, infants may exhibit symptoms that are less pronounced and more challenging to detect. These can include a subtle state of over-alertness or marked irritability, slight difficulty with initiating or maintaining sleep, and minor feeding challenges such as poor sucking or latch-on abilities. Infants may also demonstrate reduced muscle tone.
Most infants with Mild HIE typically experience a full recovery and go on to have little to no developmental delays, neurological deficits, or further injury. Nonetheless, vigilance is crucial, as early detection and management can ensure better neurodevelopmental outcomes for affected newborns.
When newborns progress to Stage 2 of a hypoxic-ischemic injury, the symptoms become more apparent and concerning. Infants may display a marked decrease in alertness, showing signs of lethargy and diminished responsiveness to stimuli.
Physical manifestations might include persistent episodes of apnea or bradycardia. Feeding difficulties escalate. Seizure activity may emerge within the first 24 to 48 hours after the hypoxic-ischemic event.
Although the prognosis in moderate HIE is guarded, with appropriate therapeutic interventions, some infants can still achieve significant recovery. However, they are at a higher risk for significant developmental and neurological complications later in life.
Severe HIE represents the most critical level of hypoxic-ischemic encephalopathy, where newborns endure profound neurological disturbances. With severe HIE, infants may have little to no neonatal reflexes. Infants could even be in a state of coma or stupor with abnormally slack muscle tone.
Severe HIE is often accompanied by a complete failure to breathe independently, necessitating immediate respiratory support, as well as a high risk of persistent seizures that are resistant to conventional anticonvulsant therapy.
The prognosis of severe HIE is grave, with a high likelihood of substantial long-term neurological disabilities and/or a significant risk of mortality. With severe HIE, ongoing, comprehensive medical care is critical for managing the complex needs of these infants.
Effective treatment for Hypoxic Ischemic Encephalopathy (HIE) is time-sensitive and requires a multidisciplinary approach to optimize outcomes. Here are the treatments used in the typical neonatal intensive care unit (NICU):
Therapeutic hypothermia is the primary treatment for moderate to severe HIE. By cooling the body or brain to a few degrees below normal temperature for 72 hours, therapeutic hypothermia has been shown to reduce brain dysfunction.
To ensure enough oxygen, mechanical breathing support may be necessary for babies with respiratory difficulty.
Anticonvulsant medications may be used to control seizures, which are common in advanced HIE stages.
Feeding tubes or IV nutrition may be needed to manage feeding problems while the baby recovers.
Early intervention with physical therapy can support motor development and mitigate potential long-term disabilities.
Continuous monitoring of vital signs and neurological status is critical to adjust treatments as needed. Each HIE case requires a tailored approach to improve the prognosis for infants with HIE.
The long-term effects of Hypoxic Ischemic Encephalopathy (HIE) in newborn infants can be far-reaching, varying in severity depending on the extent of the brain injury.
Those with mild HIE have the best quality of life, while those with moderate to severe HIE suffer lifelong mental retardation and/or death. Some of the potential long-term effects include:
If your child suffers from cerebral palsy as a result of HIE, you may be eligible for compensation. Contact a Chicago cerebral palsy attorney today.
Yes, you can sue if your child’s HIE is suspected to have been caused by malpractice. When healthcare providers fail to meet the standard of care during pregnancy, labor, delivery, or postpartum management, and this failure results in HIE, it may constitute medical malpractice.
To establish a claim, you must demonstrate that the medical providers deviated from accepted medical practices, which directly caused the HIE. Typical scenarios include failure to monitor fetal distress, delay in performing a necessary cesarean section, or improper management of the baby’s condition post-delivery.
We dive into this more here: how to sure a hospital for negligence.
Each case requires a thorough examination of medical records, expert testimonies, and an understanding the legal complexities involved in birth injury claims. Seeking the counsel of an experienced birth injury attorney at Curcio & Casciato can help determine if you have a valid case.
When a child suffers from Hypoxic Ischemic Encephalopathy (HIE) due to medical negligence, the family may be entitled to significant compensation for birth injury damages.
Economic damages are those that have clear monetary value, including:
Meanwhile, non-economic damages are those that don’t have monetary value, including physical pain and suffering, emotional distress, and loss of life’s enjoyment.
In severe cases, if the HIE birth injury leads to a child’s passing, families may pursue wrongful death claims. A Chicago wrongful death attorney at Curcio & Casciato also has what it takes to handle fatal birth injury cases.
If your child has been diagnosed with HIE and you believe medical negligence played a part in the causation, you have the right to seek justice and compensation.
We’re dedicated to providing compassionate, expert legal representation to help secure the resources needed for your child’s care and future.
Contact our Chicago medical malpractice lawyers today at 312-321-1111 to discuss your case and explore your options. Our knowledgeable attorneys can guide you through the complexities of a medical malpractice lawsuit and fight for the compensation your family deserves.
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]]>The post Open and Obvious Defense appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>However, there are numerous defense strategies that an experienced attorney can use against a defendant claiming the open and obvious doctrine. Below, our Chicago premises liability attorneys break down everything you need to know about refuting the open and obvious rule in your claim. Navigating the complex terrains of premises liability can be daunting, especially when it comes to understanding defenses like the “open and obvious” doctrine.
The open and obvious doctrine often surfaces in personal injury cases, particularly in slip and fall accidents. Hiring an experienced attorney to unravel these legal concepts is crucial for those injured on another’s property in Chicago. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
Premises liability law is one of many civil tort cases in which an individual sustains an injury due to a defective or unsafe condition on someone else’s property.
In Illinois, this law mandates that property owners, lessees, or occupants must maintain a reasonably safe environment for all visitors, free from unreasonable risk. However, the extent of this duty of reasonable care can vary based on the visitor’s status (invitee, licensee, or trespasser) and the situation’s specifics.
Primarily, the landowner is liable if they knew or should have known about the dangerous condition posing an unreasonable risk and if the visitor with ordinary intelligence could not have been expected to notice the dangerous condition with a casual inspection.
Additionally, if a landowner can foresee that their actions (or inactions) might cause danger or harm, they may be liable for any resulting injuries.
The most common types of premises liability cases include:
Each of these premises liability claims can be complex, and the application of the open and obvious defense varies based on the case details.
If you have suffered any physical, emotional, or financial harm from hazardous conditions on someone’s property, hiring a Chicago personal injury attorney at Curcio & Casciato is crucial. We will carefully examine the details of your case and help you determine if any open and obvious conditions were present and effectively unavoidable.
Returning to the open and obvious defense, this concept effectively relieves the property owner of the duty to warn against a hazardous condition that is readily apparent. In Illinois, courts have held that when a danger is open and obvious, the owner assumes that a reasonable person will take care to avoid it. Common examples include a bright, freshly painted wall indicating a wet surface or clearly marked steps.
In July 2023, the Michigan Supreme Court overturned its open and obvious defense doctrine, which will provide less protection for a landowner in a personal injury case. However, most other states (including Illinois) still allow liable landowners to use the open and obvious defense in their favor in premises liability cases.
Be sure to verify with your attorney whether or not the open and obvious doctrine can still be used in your state.
However, there are exceptions to the open and obvious rule that might not relieve the defendant from liability of the plaintiff’s injury. These exceptions to the open and obvious defense include:
If a person is reasonably distracted and overlooks the obvious danger, the landowner might still be liable for harm caused by the obvious hazard.
When a property feature necessitates interaction, injury occurs despite the open and obvious nature of the hazard.
Sometimes, even awareness of a potential hazard will not prevent the average person from suffering incredible harm. In cases like this, the landowner should expect visitors to become harmed by these dangerous conditions even if they are aware of them and, therefore, take reasonable measures to prevent harm.
Don’t lose hope if the defendant in your slip and fall case (or any other premises liability case) attempts to use the open and obvious doctrine in their favor. Depending on the details of your claim and your injury, your personal injury attorney may be able to refute it with one of the following defenses.
In contesting the open and obvious defense, one strategy is demonstrating that the hazard was not, in fact, open or obvious. This can involve showing that the danger was concealed or not as apparent as the property owner claims.
Even if the danger was open and obvious, a property owner might still fail to exercise reasonable care or they may breach their duty of care. In other words, if the owner fails to take reasonable steps to protect visitors from foreseeable harm, regardless of the hazard’s visibility, they can still be held responsible for such dangers.
Illinois follows a modified comparative negligence rule, and the open and obvious defense doctrine in many jurisdictions boils down to comparative negligence. Even if the injured party is partially at fault, they may still recover damages if their fault is not more than 51%. If the plaintiff is found to be less than 51% at fault for the accident, their compensation will be reduced by the percentage of their fault.
In some cases, it can be argued that the defendant either misunderstood or misapplied the open and obvious doctrine. Proving this requires a nuanced understanding of premises liability law and the case’s specific circumstances. The defendant and the plaintiff must hire strong legal representation to litigate the case properly.
At Curcio & Casciato, our experienced personal injury attorneys in Chicago understand the complexities of premises liability law and the open and obvious doctrine. If you’ve been injured in a slip-and-fall accident or any other type of incident on someone else’s property, don’t navigate the legal world alone.
Our dedicated team of civil attorneys can help evaluate your case, explore all potential avenues for compensation, and aggressively represent your interests, ensuring your rights are protected every step of the way. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
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]]>The post What is Differential Diagnosis? appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>It is basically a diagnostic process that creates a list of possible conditions to test for and treat based on a person’s symptoms. Using the differential diagnosis process is the best way to provide a correct diagnosis and treatment options. However, there is always room for error. It’s always possible for patients with major health conditions, like cancer, to walk away with a misdiagnosis and a potential death sentence. In such situations, the patient may have grounds to sue for medical malpractice.
At Curcio & Casciato, we recognize the significance of differential diagnoses and their impact on clinical decision-making. We also recognize how medical negligence can play a huge role in the entire diagnostic process, leading to an eventual misdiagnosis and fatal health conditions. Chicago medical malpractice attorneys at Curcio & Casciato want to fight for the justice of patients who received incorrect diagnoses due to negligence. We can protect your legal rights and help you recover a fair settlement. Call 312-321-1111 to schedule a free consultation today.
Differential diagnosis is a fundamental medical process used by healthcare professionals to determine the cause of a patient’s symptoms or condition. It involves systematically considering and ruling out various possible causes based on a person’s symptoms, diagnostic tests, medical history, and physical examination. The ultimate goal of differential diagnosis is to create a list of possible conditions that have overlapping symptoms and eventually narrow the list down to the most accurate and appropriate diagnosis among the many potential options.
Differential diagnosis is a versatile and widely used process in the medical field. It can be applied to various medical conditions that share the same symptoms. Some common examples of differential diagnoses include abdominal pain, chest pain, headache, depression, fatigue, and UTI.
Abdominal pain can be caused by numerous factors, including gastrointestinal issues, appendicitis, kidney stones, trauma, or even digestive cancer. A primary care physician will use the differential diagnostic process to eventually come to a proper diagnosis and provide the right treatment.
Chest pain can result from heart problems, respiratory issues like asthma, viruses like COVID-19, high blood pressure, muscle strain, or even severe anxiety and panic attacks. Differential diagnosis helps healthcare professionals identify the root cause of chest pain and provide appropriate treatment.
A wide range of factors, such as muscle tension, migraines, sinus infections, traumatic brain injuries, and prolonged psychological stress, can trigger headaches. A primary care physician can create a working diagnosis based on other symptoms, run lab tests and scans, and provide the best possible treatment.
Depression is a complex mental disorder with multiple potential causes, including genetic factors, life events, hormonal imbalances, and chemical imbalances in the brain. Differential diagnosis is essential to determine whether psychiatric symptoms are the root issue or another health condition (such as hypothyroidism, for example) is the root issue.
Based on the suspected diagnosis, an experienced doctor can determine the best way to treat and improve depression symptoms.
Fatigue is a common symptom that can be attributed to various underlying issues, such as sleep disorders, anemia, hormonal imbalances, mental disorders, chronic illnesses, or medication side effects. Differential diagnosis helps uncover the primary reason for fatigue and develop an effective treatment plan.
Urinary tract infection (UTI) can cause various symptoms, including urinary urgency, a painful burning sensation during urination, foul-smelling urine, and lower back pain. However, similar symptoms can also be caused by kidney stones, sexually transmitted infections, and interstitial cystitis.
A doctor will first run a series of diagnostic tests to determine if the patient has a bacterial infection in the urethra or bladder. It’s crucial to catch the infection quickly so it doesn’t spread to the kidneys. If the urine test comes back clear, the doctor will resort to the differential diagnostic process to eventually determine the root cause of the patient’s symptoms.
If your loved one has had ongoing medical history of UTIs in a nursing home and physicians didn’t conduct more than one physical examination or run diagnostic tests, contact our Chicago nursing home UTI lawyers for more information.
The process of differential diagnosis is systematic and thorough. It involves asking questions about symptoms, reviewing patient history, performing a physical exam, creating a differential diagnosis list, reviewing test results and symptoms, and making a final diagnosis.
The first step involves healthcare providers asking patients detailed questions about their symptoms. They inquire about the nature, onset, duration, and severity of symptoms and any factors that exacerbate or alleviate them.
A thorough review of the patient’s medical history and family history is essential. This includes information about pre-existing conditions, past illnesses, surgeries, medications, and family medical history of chronic conditions like cancer, for example. Identifying any relevant medical history is crucial for making an accurate diagnosis.
A physical exam assesses the patient’s overall health and specific physical signs related to their symptoms. During this examination, healthcare providers may check vital signs (such as blood pressure and body temperature), inspect the affected area, and perform various laboratory examinations if necessary.
Based on the information gathered from questioning, reviewing medical history, and conducting a physical examination, healthcare providers compile a list of potential diagnoses. This list represents all possible causes of the patient’s symptoms.
Usually, the first condition on the differential diagnosis list has the highest likelihood of being the root cause of the patient’s symptoms, while the last condition on the list has the lowest likelihood of being the root cause of the patient’s symptoms.
Diagnostic and laboratory tests, such as blood tests, biopsies, or imaging tests (i.e., magnetic resonance imaging, CT scans, X-rays) may be ordered to gather additional information. Test results are carefully reviewed to eliminate some potential diagnoses from the list and further refine the differential diagnosis. The doctor will run additional tests if none of the other results help narrow down underlying conditions.
Once all relevant information has been collected and analyzed, healthcare providers make a final diagnosis by selecting the most likely cause of the patient’s symptoms. This diagnosis guides treatment and further evaluation, if necessary.
The differential diagnostic process is not your final diagnosis in and of itself; it is merely a list of the conditions or injuries that share the same symptoms that you have.
This list contains all the most probable explanations of your symptoms based on your doctor’s initial clinical examination. The goal is to eventually narrow this list to the right diagnosis through diagnostic tests and exams and then develop a treatment plan.
The result of the differential diagnostic process is your final diagnosis, based on all the tests and exams your doctor has conducted.
While differential diagnosis is a valuable and widely accepted diagnostic process, it has risks and challenges. Some of the risk factors associated with differential diagnosis include:
Despite the systematic approach, healthcare providers can still make errors in the differential diagnosis process, leading to a misdiagnosis. A misdiagnosis can result in incorrect treatment and potentially worsen a patient’s condition. Chicago cancer misdiagnosis attorneys can help victims seek justice and fair compensation.
The thorough nature of differential diagnosis can sometimes lead to delays in treatment, especially if further tests are needed to confirm the diagnosis. In some cases, immediate medical attention is critical, and delays can have serious consequences.
Healthcare providers may occasionally over-diagnose or under-diagnose a condition, leading to unnecessary treatments or missed opportunities for effective treatment.
Some highly complex medical conditions may not fit neatly into a single diagnosis. Healthcare providers may need to consider multiple possible causes, complicating the process.
Differential diagnosis is a structured and systematic approach to diagnosing medical conditions to minimize the risk of misdiagnosis. A misdiagnosis occurs when a healthcare provider makes an incorrect diagnosis. While misdiagnosis can happen despite the best efforts of medical professionals, it is a distinct issue from differential diagnosis.
Differential diagnosis, when performed correctly, involves considering multiple potential diagnoses and systematically eliminating less likely options to arrive at the most accurate diagnosis. In contrast, misdiagnosis arises from errors, biases, or insufficient information that lead to an incorrect conclusion.
In personal injury cases, distinguishing between differential diagnosis and misdiagnosis becomes crucial. If a plaintiff’s injuries are misdiagnosed or overlooked due to medical negligence, it can significantly impact the outcome of a personal injury claim.
When a diagnostic error, such as a cancer misdiagnosis, for example, occurs due to medical negligence and results in harm or worsened medical conditions, it may warrant a medical malpractice lawsuit. Medical malpractice claims arise when healthcare providers fail to meet the standard of care expected in their profession, resulting in harm to the patient. In the context of diagnostic errors, patients can potentially sue for damages if certain criteria are met.
If your doctor failed to provide you with the correct diagnosis and treatment for your condition, and you suffered serious physical, emotional, or financial harm as a result, you may have grounds to take legal action.
Medical malpractice claims are very complex due to the complexities of the medical field. You will need an experienced medical malpractice attorney and an experienced medical expert on your side. Together, your attorney and the medical expert can carefully review the details of your case and help you prove the 4 D’s of negligence.
In a medical malpractice case, the plaintiff (the injured patient) must establish that the healthcare provider owed them a duty of care. This duty of care means that the healthcare provider is responsible for providing competent and appropriate medical care to the patient.
To pursue a medical malpractice claim, the plaintiff must also demonstrate that the healthcare provider breached their duty of care. In the case of misdiagnosis or diagnostic errors, this typically involves showing that the healthcare provider did not follow standard medical practices, made errors in the diagnostic process, or failed to consider relevant information.
Proving causation is a critical element in a medical malpractice claim. The plaintiff must demonstrate that the healthcare provider’s breach of duty directly caused harm. In the context of diagnostic errors, this means showing that the misdiagnosis or delayed diagnosis resulted in worsened medical conditions or unnecessary harm.
Lastly, the plaintiff must provide evidence of damages caused by the misdiagnosis or diagnostic error. These damages can include medical expenses, pain and suffering, lost wages, and any other losses incurred due to medical negligence.
When pursuing a medical malpractice claim related to diagnostic errors, two primary categories of damages may be sought: economic and non-economic.
Economic damages refer to the tangible financial losses incurred due to the misdiagnosis or diagnostic error. These can include:
Non-economic damages are more subjective and relate to the intangible losses experienced by the patient, such as pain and suffering, emotional distress, permanent illness or disability, and a diminished quality of life. In cases of severe misdiagnosis, where the patient’s condition worsens due to delayed or incorrect treatment, non-economic damages can be substantial.
These damages are often more challenging to quantify but can significantly impact a patient’s life and well-being. An experienced medical malpractice attorney at Curcio & Casciato can help you accurately calculate the amount of damages you deserve from a negligent doctor and fight for justice.
Navigating the complex terrain of medical malpractice claims, especially those involving diagnostic errors or misdiagnoses, can be daunting. At Curcio & Casciato, we have a team of experienced medical malpractice attorneys who understand the intricacies of these cases. If you or a loved one has suffered harm due to a diagnostic error or misdiagnosis, we are here to help.
Our Chicago-based medical malpractice lawyers are dedicated to advocating for your rights and pursuing the compensation you deserve. We will thoroughly investigate your case, work with medical experts to assess the extent of the harm caused, and diligently represent you in negotiations or court.
Remember that time is of the essence in medical malpractice cases, as there are Illinois medical malpractice statute of limitations that restrict the time frame within which you can file a lawsuit. Don’t hesitate to contact Curcio & Casciato for a free consultation to discuss your case. Our commitment to justice and our clients is unwavering, and we are here to provide you with the legal support and guidance you need during this challenging time.
Contact Curcio & Casciato today at 312-321-1111 and let us help you seek justice and compensation for the harm you have suffered due to a diagnostic error or misdiagnosis. Your well-being is our priority, and we are ready to fight for your legal rights.
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]]>The post What is Informed Consent? appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>Informed consent is an ethical and legally mandated requirement for healthcare professionals before medical treatment. Informed consent means telling the patient all pertinent information about a procedure – what it is, risks, benefits, what happens if they refuse treatment, etc. – so that they can make an informed decision about their healthcare. If a healthcare provider fails to provide informed medical consent, and the patient suffers harm as a result, they could face a medical malpractice lawsuit. Below, Chicago medical malpractice attorneys at Curcio & Casciato break down everything you need to know about informed consent laws and how they relate to medical negligence.
If you or a loved one has suffered catastrophic injuries, illnesses, or wrongful death as a result of negligent medical professionals, you may have grounds to take legal action. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
All patients have the legal right to fully understand the ins and outs of a medical procedure so that they can make decisions accordingly. This is called informed consent. It is one of nine core principles listed in the American Medical Association’s Code of Ethics. Opinion 2.1.1 in the AMA Code of Ethics states this regarding informed consent:
“Informed consent to medical treatment is fundamental in both ethics and law. Patients have the right to receive information and ask questions about recommended treatments so that they can make well-considered decisions about care. Successful communication in the patient-physician relationship fosters trust and supports shared decision making.”
So obtaining informed consent from patients is firstly an ethical requirement, secondly a legal responsibility, and thirdly an administrative process in United States medical care. Once the informed consent process is complete, all patients must fill out a medical consent form or provide verbal consent to their medical team, depending on specific state laws. Either way, informed consent laws require doctors to document such consent in the patient’s medical records.
Informed consent is vital in healthcare for several reasons, including respecting patient autonomy, providing information about risks and benefits, and allowing individuals to make decisions about their medical care. Additionally, obtaining informed consent allows the doctor to create a trusting relationship with the patient, and it helps reduce legal liability on both sides.
Most medical procedures are invasive in some way. The procedure either allows the doctor to see inside a patient’s body via scans or tests or it allows the doctor to physically see inside a patient’s body through cameras or open surgery. In this way, medical care is intimate, uncomfortable, and scary for many patients. Therefore, ensuring patients feel in control of their bodies and healthcare is crucial to having all the information necessary to make decisions.
Most average people do not understand the inner workings of the human body and how medications, treatments, and procedures can improve or worsen their current condition. It is up to the doctor to explain the medical issue and how the proposed treatment can improve the issue. This allows patients to ask questions and seek clarification before giving consent.
As previously stated, obtaining a patient’s consent before a procedure is crucial to medical ethics and law. Informed consent requires both parties – the patient and the doctor – to be on the same page to protect themselves from legal liability should anything happen.
Finally, communicating effectively and obtaining consent builds trust between the patient and the doctor. There must be a certain level of trust so the patient can feel comfortable putting their health and life in someone else’s hands. A good level of trust is important for improving patient satisfaction and healthcare outcomes.
To obtain valid informed consent, healthcare providers must follow a specific informed consent process. The main elements of consent include explaining the nature of the procedure, explaining the risks and benefits of the procedure, offering reasonable alternatives to the procedure, explaining what happens if the patient refuses treatment, and finally, assessing a patient’s understanding of everything discussed.
Patients must be fully informed about the nature of the medical procedure, understand what it entails, and why it is recommended to treat their condition.
Patients must be aware of the potential benefits and risks related to the medical treatment. Even if a specific treatment has a minimal risk of another health complication, the patient deserves to know this. This information allows them to weigh the pros and cons before making a decision and filling out medical consent forms.
If patients are too scared or uncomfortable with the proposed treatment, their doctor should offer reasonable alternatives to the procedure that can still offer relief. The doctor should also break down the risks and benefits of proposed alternatives.
Even after learning about the risks and benefits of a specific treatment, a patient may want to refuse treatment entirely. At this point, the doctor should help the patient understand the consequences of refusing the recommended medical treatment, including further harm to their health.
At the end of the informed consent discussion, Healthcare providers must assess the patient’s ability to make an informed decision. This means they must ensure the patient comprehends all information provided. Patients have the right to ask questions and seek clarification at this point.
If the patient consents to the medical treatment, they must fill out a written consent form or provide verbal consent, depending on specific state laws.
Informed consent applies to all medical procedures, from routine testing and treatment options to more invasive interventions. The complexity of the informed consent process may vary based on the nature of the medical treatment.
Common examples of medical procedures and treatments that require a thorough informed consent process include:
Yes, patients and research participants have the right to withdraw their informed consent at any point during their medical treatment. Withdrawing informed consent means the patient no longer wishes to proceed with the medical procedure or treatment they initially agreed to. Patients must understand that they can change their minds about their healthcare decisions, even after initially giving consent. Healthcare providers must respect a patient’s right to withdraw consent without any coercion or pressure.
Patients should communicate their decision to their healthcare provider as soon as possible to ensure that the medical team can adjust the treatment plan appropriately.
Withdrawal of consent should not result in any adverse consequences or retaliation from the healthcare provider, as respecting patient autonomy remains paramount throughout the healthcare process.
Finally, withdrawal of informed permission must be documented in a patient’s medical records via a signed form or a verbal agreement.
While informed consent is a fundamental principle in healthcare, there are situations where obtaining formal consent may not be feasible or necessary. Common exceptions include incapacitation, medical emergencies, or being underage.
In cases where a patient lacks decision-making capacity due to a medical emergency or mental illness, healthcare providers may proceed with immediate intervention to prevent harm, even without signed consent forms. In many incapacitation cases, a medical “surrogate” must be identified in order to provide informed consent on behalf of the patient. Medical surrogates are most commonly spouses or family members.
Emergency medical situations may necessitate immediate medical care without the ability to obtain informed consent from the patient. In most cases, doctors assume the patient would consent to whatever it takes to save their life unless they have explicitly stated otherwise before the medical emergency.
For example, if an older adult with a history of heart complications signs a DNR – do not resuscitate – then medical professionals cannot violate the patient’s wishes and do whatever it takes to keep them alive.
Minors often do not have the mental capacity to fully understand the details of their medical condition and the proposed treatments that can help them. So obtaining parental permission for the child’s medical care is crucial here.
However, some states have a “mature minor” exception, which states that minors of a certain age (or very mature) can have complete medical decision-making capacity without parental permission.
Other laws called “medical emancipation” allow minors to completely exclude their guardians from any involvement in their health care. Instead, courts may assign a different medical surrogate to give consent on behalf of the child until they become an adult. This is very common in cases of child abuse or neglect.
Yes, a failure to obtain patient consent can be a form of medical malpractice. If the healthcare provider proceeds with medical treatment without laying out all the information, risks, and benefits of the treatment, and the patient suffers major harm as a result, then the patient may have grounds to file a medical malpractice claim.
Medical malpractice involves a breach of the medical standard of care that harms the patient. Failure to obtain informed consent can be seen as a breach of the standard of care, as it represents a failure to uphold the patient’s right to make informed decisions about their healthcare.
Yes, patients who have experienced a lack of informed consent and suffered harm as a result may have grounds to pursue legal action against the healthcare team responsible. However, pursuing a medical malpractice case can be complex, requiring establishing the 4 D’s of negligence.
It must be established that the healthcare provider owed the patient a duty of care, which is a legal obligation to provide competent and appropriate medical care.
The plaintiff (the patient) must demonstrate that the healthcare provider breached the standard of care by failing to obtain informed consent or provide adequate information.
There must be a direct link between the breach of the standard of care and the patient’s injuries or damages. In other words, it must be shown that the lack of informed consent directly led to harm.
The plaintiff must provide evidence of the damages suffered due to the lack of informed consent. These damages can include physical harm, emotional distress, additional medical expenses, or any other losses.
If you believe that you or a loved one has been a victim of medical malpractice due to a lack of informed consent, it is essential to consult with an experienced medical malpractice attorney at Curcio & Casciato. They can evaluate your case, help you gather evidence, and guide you through the legal process.
In medical malpractice cases involving a lack of informed consent, plaintiffs may be eligible for various types of damages, depending on the case’s specific circumstances. These damages can include compensatory damages and, in some cases, punitive damages.
Compensatory damages aim to compensate the plaintiff for their losses. They may cover medical expenses, lost wages, physical pain and suffering, emotional distress, and other economic and non-economic losses resulting from the lack of informed consent.
In some cases, punitive damages may be awarded to punish the healthcare provider for their reckless or intentionally harmful actions. However, punitive damages are typically only awarded in cases involving extreme misconduct in a medical practice.
If you believe that you or a loved one has suffered harm due to a lack of informed consent or any other form of medical malpractice, our experienced Chicago medical malpractice lawyers at Curcio & Casciato are here to help. We understand the importance of obtaining informed consent, prioritizing patient autonomy, and upholding medical ethics.
Our legal team is committed to advocating for your legal rights and seeking justice on your behalf. We have a proven track record of representing clients in medical malpractice cases, with more than $40,000,000 recovered in combined settlement amounts. Our Chicago medical malpractice attorneys will tirelessly work to ensure you receive the compensation you deserve for your injuries and losses. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
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]]>At Curcio & Casciato in Chicago, Illinois, we understand the significance of expert witnesses in medical malpractice cases and their critical role in seeking justice for victims of medical negligence. In this blog, we explain everything you need to know about medical malpractice expert witnesses: what they are, what qualifications they need, how they help in a medical malpractice claim, and more.
If you or a loved one has suffered a major injury, illness, or wrongful death due to a doctor’s negligence, it’s crucial to hire a Chicago medical malpractice lawyer at Curcio & Casciato. We understand the complexities of medical malpractice law, and we’ll hire the best medical expert witness to provide testimony. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
Before we dive into the realm of expert witnesses, it’s crucial to understand what medical malpractice is. Medical malpractice is a legal tort in which a healthcare provider, such as a doctor, nurse, or hospital, deviates from the standard of care expected in their profession, resulting in harm or injury to a patient. This deviation from the standard of care can take various forms, including misdiagnosis, surgical errors, medication mistakes, etc.
There are many ways that medical professionals can act negligently and provide overall poor medical care. Some of the most common types of medical malpractice lawsuits involve diagnostic errors, surgical errors, medication errors, birth injuries, and even nursing home abuse and neglect.
One of the most common forms of medical malpractice is misdiagnosis or delayed diagnosis. This occurs when a healthcare provider fails to accurately diagnose a medical condition or takes an unreasonably long time to do so, leading to worsened health or complications for the patient. Contact a Chicago cancer misdiagnosis attorney for more information.
Surgical errors encompass a wide range of mistakes that can occur during surgery. These errors may include performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside the patient, or making mistakes during anesthesia administration. Surgical errors can occur in any specialty, including plastic surgery, emergency medicine, orthopedic surgery, neurosurgery, etc.
Medication errors involve mistakes in prescribing, administering, or monitoring medications. This can lead to life-threatening adverse reactions, overdoses, or dangerous drug interactions for the patient.
Birth injuries can occur when healthcare providers fail to provide adequate care during pregnancy, labor, or delivery. These injuries can lead to life-long disabilities in newborns and significant emotional distress for their families. Medical errors can even lead to maternal death during childbirth as well. A Chicago birth injury attorney can help you determine if you have grounds to file a claim.
Nursing home abuse and neglect often fall under the legal umbrella of medical malpractice because of the number of injuries and health complications that elderly people suffer from due to poor medical care.
Elder abuse and neglect can take various forms, including malnutrition and dehydration, medication mismanagement, untreated infections or sepsis, untreated bedsores, and even physical and emotional abuse. Chicago elder abuse attorneys at Curcio & Casciato are passionate about fighting for the rights and justice of elderly nursing home residents.
A medical malpractice expert witness is a medical professional with specialized knowledge and expertise in the medical specialty in which negligence occurred. Medical expert witnesses are called upon to provide professional opinions and testify during medical malpractice claims. These experts are essential in helping the court understand the intricacies of medical procedures, medical standards of care, and the specific actions or omissions that may constitute medical negligence.
It is crucial to have expert witness testimony in medical malpractice claims because a medical malpractice lawyer is a legal expert, not a board-certified medical expert. They know the intricacies of medical litigation but very little about the human body, medical conditions, medical procedures, medical terminology, etc.
During a medical malpractice case, medical experts will clarify complex medical concepts, establish medical standards of care, and prove causation.
Medical malpractice cases often involve complex medical evidence that can be challenging for a lawyer, jury, or judge to comprehend. An expert witness bridges this knowledge gap by reviewing medical records and explaining medical procedures, standards of care, and the defendant’s alleged negligence in simple and understandable terms during the medical malpractice lawsuit.
To prove medical malpractice, the plaintiff must demonstrate that the healthcare provider deviated from the medical standard of care. The medical standard of care is the level and type of medical care that a competent doctor with the same medical education and the same or similar medical specialty would have provided in the same situation where negligence occurred.
So the main question at hand in medical negligence cases regarding the standard of care is: “Would a medical professional with the same specialized knowledge in the field have provided the same level and quality of treatment in the same or similar situation?” If the answer is “no, this is an unreasonable standard of care,” and the plaintiff suffered physical, emotional, and/or financial harm, they may have a strong medical malpractice case.
The medical expert’s opinion can be essential in proving deviation from the standard of care outlined by the American Board of Medicine. The opinion of the expert witness during the expert testimony during the medical malpractice lawsuit can help answer this question and determine if the doctor committed medical negligence.
It’s important to note that an expert witness testimony may not hold as much value in emergency medicine medical malpractice cases. Emergency medicine has more leeway since emergency physicians aren’t always held to the same standard of care that board-certified physicians operating out of an active clinical practice.
In addition to establishing the standard of care, lawyers and medical experts must prove that the defendant’s negligence directly caused the plaintiff’s injury or harm.
It is very possible for a medical professional to make a mistake that doesn’t harm their patient in the slightest. However, these patients wouldn’t have grounds to bring a medical malpractice case because the causation element of negligence would not be met.
Expert witnesses can offer their professional opinion on the causation link, helping establish a clear connection between the healthcare provider’s actions that deviated from the standard of care and the patient’s personal injury suffering.
Medical expert testimony may also provide counterarguments to challenge the opposing party’s expert witnesses. This highlights the complexities of medical opinions and helps the court evaluate the credibility of each expert’s testimony.
Not just any healthcare provider can qualify as a medical expert witness. The court typically requires expert witnesses to meet specific criteria, including having relevant education and experience, actively practicing medicine, and being impartial to the plaintiff or case.
Expert witnesses must have extensive education and experience in the medical field where malpractice occurs. For example, if a board-certified neurosurgeon is the defendant in a case, then the expert witness must have the same or similar medical degree and be in the same or similar medical profession.
This ensures that the expert witness testimony is accurate and relevant to the issue at hand.
It is not enough to have just been to medical school at some point and be in the same medical community as the defendant. Many courts also prefer expert witnesses who are actively practicing in a full-time clinical practice or have recent experience in relevant medical specialties. This demonstrates their up-to-date knowledge of current medical practices and standards of care.
For example, a board-certified orthopedic surgeon who has been retired for more than ten years may have outdated knowledge of current surgical procedures and technology. Therefore, they may not have the relevant knowledge or experience to know if another board-certified orthopedic surgeon acted negligently.
Expert witnesses are expected to provide unbiased opinions based on the facts and evidence presented in the case. The expert witness should not have any financial interest in the outcome of the litigation, nor should they have any familial or emotional connection to either party in the medical malpractice lawsuit.
About half of U.S. states require plaintiffs to have a medical expert witness review their case before filing a claim. Illinois is one of these states where plaintiffs must submit an affidavit of merit that they (or their medical malpractice attorney) have spoken with a relevant medical expert who:
Additionally, the affidavit of merit must include a statement from the medical professional that states that the plaintiff has “reasonable and meritorious cause” to file the lawsuit.
If the plaintiff cannot consult with a medical expert due to the impending Illinois statute of limitation deadline, they must do so (and submit an affidavit of merit) within 90 days of filing their claim. If the plaintiff fails to meet these requirements, their claim will be dismissed.
Working with a team of attorneys who have experience in healthcare providers’ malpractice will ensure you meet all requirements for filing a lawsuit.
While most medical malpractice cases require expert witness testimony, there are some situations in which their testimony may not be necessary. These situations typically involve cases where the medical provider’s negligence is so evident that it does not require specialized medical knowledge to understand.
The “res ipsa loquitur” rule may apply in situations like this. This Latin phrase means “the thing speaks for itself.” In other words, some medical errors are so obvious that it doesn’t take an expert primary care physician or emergency physician to explain how the defendant failed to provide competent medical care.
Examples of such cases may include:
When a surgeon leaves a foreign object, such as a surgical instrument or sponge, inside a patient’s body after surgery, the negligence is often self-evident and may not require an expert witness to establish.
Cases involving wrong-site surgery, where a surgeon operates on the wrong body part, are usually straightforward and may not require expert testimony to prove negligence either.
Medication errors are well-documented in some cases, and the negligence is evident from the medical records. In situations like this, it doesn’t take a medical expert to prove that the wrong medication or dosage clearly caused the plaintiff’s injury.
It’s important to be aware of the statute of limitations when pursuing a medical malpractice case in Illinois. The statute of limitations sets a time limit to file your lawsuit. The Illinois medical malpractice statute of limitations is generally two years from the date of the alleged negligence or from the date when you reasonably should have discovered the injury or illness.
However, a statute of repose in Illinois sets an absolute limit of four years from the date of the alleged negligence, regardless of when the injury was discovered. This means that even if you did not discover the injury until after four years, you may be unable to file a lawsuit.
It’s crucial to consult with an experienced medical malpractice attorney at Curcio & Casciato as soon as possible if you believe you have a case. The timing of your lawsuit is critical, and failing to file within the statute of limitations can result in the loss of your right to seek compensation.
If you or a loved one has been a victim of medical malpractice in Chicago, Illinois, the dedicated team of attorneys at Curcio & Casciato is here to help. We have a proven track record of successfully representing clients in all sorts of personal injury cases, including the most complex medical malpractice cases. We understand the importance of consulting with the best expert witnesses in order to obtain justice for our clients.
Our experienced legal team can work with you to evaluate your case, gather the necessary evidence, and consult with qualified medical experts to build a compelling argument. We are committed to helping you obtain the compensation you deserve for your injuries and losses.
At Curcio & Casciato, we are dedicated to advocating for the rights of medical malpractice victims and holding negligent healthcare providers accountable for their actions. Contact us today at 312-321-1111 to take the first step toward seeking justice and closure for your medical malpractice claim.
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]]>The post What is Complex Regional Pain Syndrome? appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>As many as 90% of patients develop CRPS after suffering a traumatic injury, such as a broken bone or a laceration. Meanwhile, fewer patients seem to develop this condition out of nowhere, leading doctors to believe that the cause is nervous system dysfunction. Regardless of the cause, CRPS is an incredibly painful and debilitating condition that can completely change the course of someone’s life and even put them into serious debt from the combination of medical bills and lost wages.
The good news here is that patients whose CRPS was triggered by traumatic injuries may be able to take legal action, especially if they can prove that someone else’s negligence caused their injuries. If you suffered traumatic injuries from a car accident, a slip and fall accident, or even a medical malpractice incident that later evolved into CRPS, you have grounds to speak to a Chicago personal injury attorney at Curcio & Casciato. Since 1957, we have recovered millions of dollars in settlements on behalf of our injured clients. Allow us to take on your case and help you recover a fair settlement for your suffering.
Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
Complex regional pain syndrome (CRPS) – formerly known as reflex sympathetic dystrophy syndrome – is a rare and disabling condition that’s characterized by chronic pain and swelling in the limbs, skin temperature and color changes, decreased mobility and functionality, among other symptoms.
CRPS is a very controversial condition among medical professionals. Many aspects of the condition are not well understood, such as what causes it. But at this point in modern medicine, many medical experts believe that complex regional pain syndrome is the result of a dysfunctional central nervous system or peripheral nervous system.
The central nervous system is the brain and spinal cord, and the peripheral nervous system is all the nerves that branch off the brain and spinal cord. Our nervous system is responsible for almost everything: breathing, moving, and feeling sensations such as temperature and pain.
Pain signals are sent to the brain and spinal cord through the peripheral nervous system. These signals obviously exist to notify us of injury or illness. In a patient with complex regional pain syndrome, doctors believe that their dysfunctional nervous system causes excessive or exaggerated pain signals that can’t be turned off, even when the patient is sitting still and not doing anything to cause such pain.
There are two main types of CRPS:
Patients with either type of CRPS can experience severe pain and other symptoms for a short period of time (acute) or several months or years (chronic). Every patient is different.
Complex regional pain syndrome is still considered a rare disorder, affecting about 200,000 Americans every year, according to the Cleveland Clinic. It’s more common for adults to develop CRPS than children. Additionally, women tend to suffer from this condition more often than men do. The disorder typically develops around 40 years of age.
CRPS sufferers tend to experience the following symptoms:
The severity and frequency of these symptoms vary significantly from patient to patient.
Complex regional pain syndrome (CRPS) is a very complicated disorder, so much so that medical experts don’t have a good understanding of what causes it. The majority of the time (in approximately 90% of cases), CRPS occurs after some traumatic injury or nerve trauma.
The injury is thought to have permanently damaged sensory and autonomic nerve fibers in the affected limb, leading to CRPS symptoms within four to six weeks of an injury. Sensory and autonomic nerve fibers send pain, temperature, and itch signals to the central nervous system. Not only that, but these tiny nerve fibers also control surrounding blood vessels and the overall health of nerve cells.
The most common traumatic injuries that are associated with the development of CRPS are crush injuries or bone fractures. More specifically, a wrist fracture is closely associated with the later development of CRPS. Doctors think the combination of a displaced or splintered bone and a tight cast can permanently damage nearby nerves.
People may also develop complex regional pain syndrome from surgery, severe muscle strains or sprains, and even burns and cuts on the skin. All of these injuries have the potential to damage nearby nerves and cause severe pain. Even if these injuries don’t directly damage nerves, patients can still develop CRPS in the location of their preceding injury.
There have also been cases of CRPS that appear after a major health scare, such as a heart attack or a stroke. In fact, a 2022 study states that 18.6% of all stroke patients included in the study went on to develop complex regional pain syndrome.
Many CRPS cases aren’t preceded by a traumatic injury, nerve injury, or health scare at all. In these cases, doctors believe the cause is some sort of immune or inflammatory reaction in the central and peripheral nervous systems.
There are a few factors that can increase a patient’s risk of developing CRPS, including:
Because this condition is rare and not well understood by many medical professionals, diagnosing CRPS can be challenging. In fact, many CRPS sufferers are misdiagnosed by their doctors for years and, therefore, do not receive the effective pain management and treatment they need. Doctors tend to use a process called differential diagnosis.
What is differential diagnosis?
Doctors typically start the diagnostic process by listening to patients’ symptoms and reviewing their medical history. They will verify that the patient’s intense pain is not possibly stemming from some other condition or injury that has similar symptoms.
Doctors will probably also perform a physical examination to look for abnormal skin temperature, color, or texture in the affected limb. They may also see if the patient has an exaggerated pain response to temperatures, skin touching, pinching, etc.
There is not one single test that can diagnose complex regional pain syndrome (CRPS), so doctors often have to conduct numerous tests to make an accurate diagnosis. A magnetic resonance imaging (MRI) or an ultrasound may or may not effectively show nerve injuries. If a doctor suspects neuropathy during the differential diagnosis process, they may also order an electromyography (EMG), which may help identify the source of pain in the affected limb.
Some patients experience CRPS for a short time, while others experience this disorder for life. Regardless, the ultimate goal is pain management so the patient can move and function as much as possible.
It’s crucial to begin treating pain as soon as possible after a CRPS diagnosis because, naturally, intense pain can lead to a lack of movement. This lack of movement can cause the affected limb to stiffen, often worsening pain.
Doctors usually resort to a combination of the following treatments for CRPS (formerly known as reflex sympathetic dystrophy syndrome):
Physical therapists can provide pain relief to CRPS patients by helping them improve blood flow, move, stretch, and build strength in their bodies. Meanwhile, an occupational therapist can teach patients new methods to accomplish their daily tasks with their disabilities in mind. This allows patients to function and move as much as possible in their day-to-day lives.
There is not one pain-relieving medication specifically designed for managing CRPS symptoms, so often, finding the right medication is trial and error. Doctors may try NSAIDs, analgesic patches and creams, certain types of antidepressants, anti-seizure drugs, and bisphosphonates. Doctors may even use Botox injections to relax the affected nerves and muscles.
Lifestyle changes such as managing pre-existing health conditions that affect nerve and immune health, wearing compression stockings, elevating the affected limb, and exercising daily may help reduce pain.
The pain and other symptoms caused by CRPS can be very traumatic for certain patients. This condition can be completely debilitating, to the point where the patient has a very low quality of life. They may be unable to work, see friends and family, or travel.
All of this can lead to significant anxiety, depression, and even post-traumatic stress disorder (PTSD). Severe emotional stress can possibly worsen pain and other CRPS symptoms. Counseling can help patients cope with their disability and keep their emotions stable, not to make their daily pain worse.
Sympathetic nerve blocks can relieve pain in some patients. Doctors will inject anesthetics near the spine to directly block the sympathetic nerves. This treatment can be especially helpful for CRPS patients with neurological disorders or sympathetic nervous system dysfunction.
Spinal cord stimulation (SCS) has emerged as a promising treatment for individuals suffering from Complex Regional Pain Syndrome (CRPS). This therapy involves implanting a device that sends low levels of electrical stimulation to the spinal cord. These electrical impulses interfere with transmitting pain signals to the brain, thereby reducing pain perception.
SCS is particularly effective in CRPS cases where other treatments have failed, offering significant pain relief and improving quality of life. Additionally, it’s adjustable and reversible, allowing for tailored pain management and the option to discontinue if necessary. This makes SCS a valuable option for those grappling with the debilitating effects of CRPS.
Yes, you can sue for complex regional pain syndrome (CRPS) if your condition is the direct result of a traumatic injury caused by someone else’s negligence.
For example, people can develop CRPS following a major car accident caused by a drunk driver, especially if the crash victim broke numerous bones during the wreck.
People who slip, trip, and fall due to premises liability violations may also have grounds to take legal action if they can prove that their CRPS developed shortly after their slip and fall injuries.
Victims of medical malpractice can even develop CRPS from surgical errors, IV placement errors, and even medication errors that lead to major complications such as strokes or heart attacks.
Our Chicago motor vehicle accident attorneys, Chicago premises liability attorneys, and Chicago medical malpractice attorneys can help you determine if you have grounds to file a claim.
Because of the controversy and confusion surrounding CRPS, it can be incredibly difficult to determine the cause of the condition and whether someone’s negligence caused the injuries that preceded it. That’s why hiring an experienced team of personal injury attorneys and medical experts is so important. The combination of legal and medical experts can help prove the 4 D’s of negligence in a personal injury claim:
The damages caused by traumatic injuries and complex regional pain syndrome are extensive. The plaintiff basically suffers extensive medical debt, lost wages, and pain and suffering from their initial injury, but from their later development of complex regional pain syndrome as well. This level of physical and financial distress is enough to change the entire course of someone’s life.
Chicago personal injury attorneys at Curcio & Casciato can help victims recover financial compensation for the following types of damages:
The exact settlement amount will vary depending on each CRPS plaintiff’s situation and how much damage they have suffered due to negligence. However, most plaintiffs suffer extensive losses in this situation, so settlement amounts can easily reach into the multi-millions.
A Chicago personal injury lawyer at Curcio & Casciato can help victims accurately calculate the dollar amount of general and special damages.
If you have suffered a traumatic injury or health complication that later evolved into complex regional pain syndrome, you may have grounds to take legal action against the negligent party. CRPS is a very complex and confusing condition, which is why it’s so important to hire an experienced team of personal injury attorneys to help you prove that negligence directly caused your injuries and, therefore, your case of CRPS.
Chicago personal injury attorneys at Curcio & Casciato will closely work with medical experts to ensure we build a strong case with extensive evidence to prove your claim. Above all else, you can trust that our experienced attorneys will protect your legal rights. Call 312-321-1111 to schedule a free consultation at our law firm today.
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]]>The post Assumption of Risk in Personal Injury Lawsuits appeared first on Curcio & Cascio | Chicago Personal Injury Attorneys.
]]>If you have been harmed while participating in an inherently dangerous activity, you need fierce legal representation in order to recover the compensation you deserve–and the Chicago personal injury lawyers and Chicago catastrophic injury lawyers at Curcio & Casciato are prepared to offer you just that. Call us at (312) 321-1111 to discuss your case with a legal professional from our team.
Assumption of risk, according to the Legal Information Institute, is a concept that comes up in almost every injury claim. In certain situations, some people may have a legal duty to protect others from a reasonable amount of harm.
The assumption of risk defense, or assumption of the risk defense, is a legal defense that defendants (those accused of being negligent) can use to defend themselves in a personal injury case. Assumption of risk asserts that the plaintiff (the injured person bringing the injury claim) engaged in a dangerous activity, which is why they were injured.
If the defendant claims that the plaintiff knew the particular risks inherent to an activity and engaged in that activity anyway, the defendant may be able to partially or completely avoid liability for the accident. This is the assumption of risk defense or assumption or the risk defense.
Many situations involve some assumption of risk. The most common example of this is when attending a baseball game. While you’re sitting in the stands, you know that you may be at risk of being hit by a foul ball. The same can be said for contact sports, rock climbing, or scuba diving. But where do we draw the line when an inherent risk occurs? When someone needs a medical procedure, how far does the assumption of risk defense go?
In situations like this, it’s always a good idea to hire a Chicago premises liability attorney.
Risk assumption, or assumption of the risk, comes in two main forms: express assumption of risk and implied assumption of risk. Let’s examine the differences between these two kinds of risk assumptions and look at examples of situations where they may apply.
Express assumption of risk refers to situations in which someone signs a written agreement before participating in a certain activity. If that person is injured as a result of a known risk or a specific risk that was included in their agreement, then the injury victim would be fully responsible for their own injuries.
An example of express assumption would be if a person pulled a hamstring while using the workout equipment at their local gym. If the injured plaintiff signed a liability waiver when they applied for their gym membership, then the gym can claim that the plaintiff knowingly assumed the risk of using their exercise equipment. If the contract did not list that particular risk, however, the gym may be found liable for damages.
Implied assumption of risk happens when someone participates in a risky activity but they do not sign an agreement consenting to the activity. When someone engages in an activity, it is assumed that they willingly agree to engage in that activity, even if they don’t agree in writing.
For example, if someone decides to go rock climbing on the side of a mountain, they most likely understand the inherent risks of scaling a mountain and agree to participate in the activity despite those risks.
Implied risk exists in many situations and can be further broken down into primary and secondary risk assumptions. Below are the differences between primary and secondary risk assumptions and examples of both.
The primary assumption of risk, or risk primary assumption, occurs when someone participates in reckless conduct or a dangerous activity, knowing that no one owes them a duty of care.
One of the most common examples of a primary assumption of risk is when playing a contact sport like football. A player can’t sue their football team because they tore their ACL. They chose to play the sport, and the plaintiff assumed the risks of playing football.
A secondary assumption of risk, or risk secondary assumption, occurs when someone participates in an activity with inherent dangers, but another party owes them a duty of care.
For example, if someone is in a grocery store and sees a wet floor sign but chooses to ignore it and walk on it, they have assumed the risk of slipping and falling due to the wet floor.
In the secondary assumption of risk cases, the plaintiff’s harm was partially their fault, but they can still sue for compensation by law. The plaintiff may receive a reduced amount of compensation due to the doctrine of comparative negligence.
Comparative negligence, also known as comparative fault, is a legal doctrine that some states employ in personal injury cases. Comparative fault is used when the plaintiff is at least partially responsible for their own injuries.
In Illinois, we have a no-fault liability system, meaning that victims will file a claim with their insurance company for compensation in cases of negligent conduct. However, that may not be enough to cover their injuries and other expenses, such as a necessary medical procedure.
If a plaintiff is less than 50% responsible for their own injuries, they can pursue compensation for their losses.
While the assumption of risk can sometimes be a complete defense against negligence claims, comparative fault can help hold the defendant at least partially responsible for their actions.
In cases where risk defense is assumed, victims can use comparative negligence to show that they were only partly to blame for the accident and that the defendant was mostly to blame. Even if the plaintiff acted recklessly, they may only be 30% responsible for their injuries, allowing them to recover compensation for at least 70% of their losses.
In some cases, the assumption of risk doctrine can act as a complete bar to compensation. To receive compensation, the plaintiff must show that the defendant owed them reasonable care during the accident.
That’s why victims of negligence should hire a personal injury lawyer to help show that the defendant was at least mostly responsible for their injuries.
The skilled personal injury attorneys at Curcio & Casciato are prepared to help injury victims show that the defendant’s negligence harmed them. We can also help prove negligence in cases involving serious injury or wrongful death so the victim’s family can receive compensation for their losses.
Be sure to consult with a Chicago wrongful death attorney to learn more about your legal options.
If you have been injured while participating in something dangerous, you may still be able to recover compensation for your injuries. The experienced legal professionals at Curcio & Casciato can evaluate the facts surrounding your case and gather evidence to help prove that the defendant owes you compensation. Call us at (312) 321-1111 or contact us online to schedule a free consultation with a liability attorney on our team.
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]]>At Curcio & Casciato, our experienced Chicago personal injury attorneys are passionate about fighting for the justice of drivers injured by those who are driving drowsy or distracted. Call a Chicago car accident lawyer at 312-321-1111 today.
We have all experienced highway hypnosis at one time or another. Highway hypnosis, also known as white line fever, is when you drive a vehicle while in a trance-like state. You’re awake and safely responding to external stimuli on the road, like using your turn signal and switching lanes, but you have no memory of doing so. This is a very common occurrence on long, monotonous roads or on your normal path home from work.
According to registered psychotherapist Natacha Duke, highway hypnosis is related to drowsy driving or distracted driving, but it’s not the same thing. In both drowsy and distracted driving, people are in a less alert mode and therefore have decreased reaction times. However, experts believe that driving hypnosis results in an increased level of automatic attention and the same reaction time as if they were not in a hypnotic state.
You usually don’t realize you’re experiencing highway hypnosis until you get home and realize that you don’t remember your drive home from work, or you don’t remember where the last 20 miles went on the highway. You may also be experiencing highway hypnosis if you feel sleepy, dazed, mentally foggy, or like you can’t concentrate. Also, if your mind is wandering off about anything other than the road in front of you, this is a classic sign of road hypnosis as well.
If you’re a passenger in a vehicle, you may be able to notice the following warning signs of highway hypnosis in your driver:
If you notice these signs in your driver, do what you can to keep them focused behind the wheel.
So – why does highway hypnosis happen? What’s the science and psychology behind this trance-like state?
Highway hypnosis happens when your brain switches to “auto pilot mode” and begins using a combination of procedural memory and hyper focused automatic attention.
Procedural memory is a type of long term memory that allows you to do a task with little to no effort, because you’ve been doing it for years and it’s become almost mindless. Examples of tasks that can be done with procedural memory include tying shoelaces, riding a bike, and, you guessed it, driving. It’s very similar to doing something from muscle memory alone.
Now, hyper focused automatic attention – this means that your eyes are locked on the road ahead of you, and you’re alert. Automatic attention is a type of attention process that is involuntary, effortless, and unintentional. This type of attention can allow you to zone out but still pay attention and respond automatically to what’s in front of you.
Drivers are more likely to experience highway hypnosis due to monotony and boredom, brain inattention, and fatigue.
You are most likely to switch into hyper focused automatic attention mode when driving down a monotonous stretch of highway or down a familiar path to and from work. There isn’t much mental predictability or energy required in these types of driving situations. On a long stretch of highway especially, you tend to turn on your car’s cruise control so you really don’t have to do anything other than sit there, hold onto the steering wheel, and keep an eye out for potential hazards. This is boring after a while, so you drift off into your thoughts.
Existing research from 2004 indicates that the oculomotor system that controls eye movements, also contributes to highway hypnosis. When you drive down a monotonous road for more than an hour, you’re basically staring at scenery that doesn’t really change, aside from the occasional passing car. In this situation, your brain relies less on what you’re actually seeing (retinal feedback) and more on mental predictions of what you’ll see (extra retinal feedback). Your brain alertness essentially decreases, and as a result, you pay less attention to visual stimuli on the road in front of you.
As previously stated, highway hypnosis and drowsy driving are different. Drowsy driving is very dangerous because you can fall asleep and crash. During highway hypnosis, you’re still awake and alert. It’s not necessarily dangerous because if a car were to suddenly pull out in front of you, you would snap out of the trance and take action. It just might take longer for you to do so compared to if you weren’t experiencing highway hypnosis.
But driver fatigue definitely raises the chances of highway hypnosis occurring, and can definitely create a dangerous situation on the roads.
Combined with distracted and drowsy driving, highway hypnosis contributes to thousands of crash injuries and deaths every year in the United States. It’s important to do what you can to snap out of a state of highway hypnosis if you notice it happening. You can do this by following the tips below.
Driving down a long boring road for an extended period is one of the top reasons why highway hypnosis occurs in the first place. So it’s important to take frequent breaks on long road trips to stretch your legs, get some fresh air, and have a change of scenery. Additionally, caffeine helps you stay awake and alert, so grab some coffee while you’re taking a break.
It’s harder to “zone out” when you’re actively talking to someone or singing to upbeat music. If you don’t have a passenger or you’re tired of your current Spotify playlist, call a friend or family member and catch up with them. You can even talk to yourself – no one is around to judge.
You can’t really change the scenery of the long boring road ahead of you, but you can make environmental changes to the inside of your car to make yourself feel more mentally alert.
Roll down the window to let in warm air and the loud wind buffering noise, or turn down the air conditioning to make yourself a little chillier. Find an upbeat Spotify playlist, turn up the music, and sing along. If you’re slouching or laying back a bit in your chair, straighten up and maintain good posture. Sip on a fun and/or caffeinated drink. Lastly, turn off cruise control in your car which will force you to do more than just sit there and hold the steering wheel.
All of these things can break up the monotony of a long road trip and appeal to one or more of your senses, therefore keeping you present and focused.
Fatigue, distraction, and boredom are the main contributing factors to road hypnosis. Below, we break down some of the best ways to avoid entering a trance-like state so that you can drive safely.
If you’ve been zoning out a lot lately while driving to work or to school, it’s likely because you know your current driving route so well that you don’t really need much brain alertness to get to your destination. Try taking a different route or highway exit than normal to switch things up and keep your brain from zoning out.
Listening to the same old playlists day after day can add to the monotony of your daily commute. Slow music can also make you feel tired, especially early in the morning or late at night. Switch it up, make a new playlist of songs you can jam to, safely, behind the wheel.
If you know that large, heavy meals can make you feel extra sleepy, be sure to eat light while you’re on a long road trip to avoid falling asleep behind the wheel.
It’s safe to say that most Americans are running on far less sleep than we actually need in order to keep up in our fast-paced society. This can be a recipe for disaster on a long drive, though. Be sure to get a good night’s sleep before hitting the road to avoid road hypnosis and fatigued driving.
If you or someone you love suffered catastrophic injuries or wrongful death in a car accident caused by a drowsy or distracted driver, you may have grounds to take legal action. Our Chicago catastrophic injury lawyers and Chicago wrongful death lawyers at Curcio & Casciato have recovered more than $10 million in combined car accident settlements for our injured clients. Allow our experienced legal team to fight for your legal rights and justice. Call 312-321-1111 to schedule a free consultation at Curcio & Casciato today.
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]]>If you have been involved in a car accident, the Chicago personal injury lawyers at Curcio & Casciato can help you recover compensation for your injuries. Call us at (312) 321-1111 to schedule a free consultation with one of our legal professionals regarding your case.
A dashboard camera, also known as a dash camera or dash cam, is a small digital camera that is placed within your vehicle. Most commonly, dash cameras are used to capture footage of the road and cars in front of your vehicle, but they can be utilized in a variety of ways and can be placed in different locations within your vehicle, like your car’s rear window or side windows.
Different cameras capture different things. For example, some dash cams record audio and video, whereas some only record video. Additionally, different drivers use dash cams for different purposes. Some drivers install dash cams that only record out of the front windshield in order to record things like car accidents. Other drivers, like rideshare drivers, may install dash cams that record the inside of their vehicle in order to record passenger misconduct.
Yes, dash cams are legal in Illinois. In fact, dash cams are legal in all 50 states, but the laws and regulations surrounding dash cams vary by state. While there are no specific dash cam laws in Illinois, there are still a few rules you have to follow in order to legally record with one. If you do not follow these rules and regulations, your dash cam recordings may not be admissible in a court case.
In Illinois, you are allowed to install cameras inside your car as long as they are placed on the driver’s side of the dashboard and as long as they don’t obscure more than five square inches of windshield. This ensures that the dash cam does not unreasonably obstruct the driver’s view.
If you install a dash cam that only records video, then you’re good to go. If you install a dash cam that records audio as well as video, then you must receive consent from everyone in the vehicle in order to legally record audio within your car. Illinois is what is called a “two-party consent” state, meaning that in order to record audio of a private conversation, all parties involved in the conversation must consent to being recorded. If your dash cam has both video and audio recording capabilities, you should obtain consent from all of your passengers before recording any audio within your car.
In Illinois, you can legally record the police while they are on duty and in public. This means that if you are pulled over in Illinois, you do not have to shut off your dash cam when recording a public interaction with a police officer.
This law is fairly recent, so some online resources still list that it is illegal to record on-duty police officers in the state of Illinois. In the past, if you were caught recording police activity in Illinois, you could have been charged with a felony and could have faced up to 15 years in prison, but this is no longer the case.
If you are primarily driving in Illinois, you should install dash cams on the driver’s side of your car’s dashboard. Make sure that the dash cam is no larger than five square inches so it does not obstruct the driver’s view.
When comparing dash cam laws by state, it’s important to remember that, even though dash cams are legal in all U.S. states, the regulations surrounding them are different. So if you regularly commute between Illinois and another nearby state, you may want to know what rules that state has on dash cam usage.
Below, we’ll take a look at the dash cam laws in the states that border Illinois: Indiana, Iowa, Kentucky, Missouri, and Wisconsin.
Indiana dash cams must be placed in the lower corner of the passenger-side windshield. Additionally, they cannot obscure more than four square inches of the windshield. Indiana is a one-party consent state, so you do not have to obtain consent from your passengers to record video or audio with your dash cam.
Iowa has no specific laws regarding dash cams, but it does have laws about obstructing car windows. It is illegal to drive a car that does not have clear visibility through the car’s windshield, side wings, or side or rear windows. Because of this, you may want to place your dash cam behind your car’s rear view mirror, where it can’t obstruct the driver’s view.
Iowa is also a one-party state, so you don’t have to obtain consent to record audio and video with your dash cam. As long as you consent to being recorded, you’re in the clear.
Kentucky also has no laws restricting mounted dashboard cameras, but they cannot obstruct the driver’s view. While there aren’t any dash cam laws in Kentucky, to be safe, avoid installing something like a side dash cam that sits in the middle of the window, or suction dash cams that take up an unreasonable amount of space.
Like Indiana and Iowa, Kansas is a one-party state, so drivers do not require consent to record audio or video within their cars.
There are no laws in Missouri that restrict where drivers can have their dash cams installed inside their cars. Even though you can mount dash cams wherever you want, you should still avoid any dash cam placement that greatly obstructs your view. Missouri is a one-party consent state, so you are free to record audio and video of the inside of your car.
In Wisconsin, dash cams are legal to use as long as they are placed behind rear view mirrors. If you are driving through Wisconsin, attach your dash cam to the front windshield of your vehicle behind your rearview mirror so as not to obstruct your view. Like the other states surrounding Illinois, Wisconsin is a one-party consent state for video and audio recordings, so you don’t need consent to record with your dash cam.
Yes, if you are in a car accident, and you have a dash cam installed in your car at the time of the accident, you can use any recorded footage in a personal injury lawsuit. In a personal injury case, the victim must prove that someone else acted negligently and caused their injuries. In the case of car accidents, this means that accident victims have to prove that someone else was at fault for the accident, and dash cams can help Chicago car accident lawyers prove that another party was responsible for the accident.
If you or a loved one was injured in a car accident, call the Chicago motor vehicle accident lawyers at Curcio & Casciato. With over 60 years of experience serving the residents of Chicago, you can trust us to provide you with expert legal counsel in regard to your case. Call us at (312) 321-1111 to schedule your free consultation today.
While dash cams can be incredibly helpful in some civil cases, they can also be incredibly detrimental in others. In Illinois, dash cam footage can prove that someone else was mostly to blame for a car accident, but it can also prove that you were partially to blame for the accident. This is called modified comparative fault, and it can prevent you from receiving maximum compensation in your personal injury case.
You may be wondering – is Illinois a no fault state? No, Illinois is an at-fault state, and this distinction (along with the state’s modified comparative fault) rule is important when it comes to establishing fault in an accident.
Modified comparative fault, also known as comparative negligence, states that an injured person can sue for damages in a personal injury lawsuit if they were less than 50% at fault for the accident. This means that if you were 30% at fault for an accident, you can sue the person who was 70% responsible for the accident, and you would be able to recover 70% of the damages for the accident.
Let’s look at an example: if you were t-boned by someone running a red light, but you happened to be texting while driving at the time of the accident, you may be found to be at least partially at fault for the accident. If you took that case to court, and the court decided that you were only 20% at-fault for the accident, a Chicago texting and driving accident lawyer can ensure that you recover 80% of the compensation the other driver owed you.
The amount of monetary damages that a victim is owed in an accident is decided by the court, as is the percentage of fault. Things like dash cams can help confirm what exactly you were doing at the time of the accident and can help either absolve you of fault or prove that you were partially to blame for the crash.
It depends. You can choose to disclose your dash cam footage in an insurance claim or personal injury lawsuit, but dash cam laws in Illinois do not require you to turn over your dash cam footage to the police. Before you give anyone your dash cam recordings, be sure to speak to an experienced car accident attorney who can discuss your legal options with you and help you make the best decision for your situation.
If you are involved in a criminal investigation, police may obtain a warrant for the dash cam footage, and you would have to hand it over, regardless of whether you want to or not. In certain extreme cases, police may be able to seize your dash camera at the accident scene.
Car accidents can be incredibly devastating in physical, emotional, and financial ways. Having something like a dash cam installed in your car can help ensure that any car accident you are involved in is recorded so that you can receive compensation for your injuries.
If you or a family member was injured in a car accident, you deserve compensation. The Chicago personal injury lawyers at Curcio & Casciato can help you file a personal injury claim or even file a lawsuit against the person responsible for the accident. Call us at 312-321-1111 or contact us online to schedule a free initial case evaluation with one of our experts.
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