Is It Medical Malpractice?

Is It Medical Malpractice?


If you have had a bad or traumatic experience with a doctor, you may be wondering what constitutes malpractice? Do you chalk up your trauma or injury to something simple like poor bedside manner or confusing communication, or should you pursue something more serious? These are difficult questions to be considering, especially while attempting to heal and recover from your injury or situation.

While every case is different and unique, there are some parameters that could indicate medical malpractice. Here is what you need to know.

What is the definition?
Malpractice is defined differently in each state. Here in Illinois, medical malpractice occurs when a physician, healthcare professional, or institution (like a hospital) breaches the standard of care when treating a patient. This breach then results in injury or death.

What is the standard of care?
In order to determine if your situation was caused by a breach in the standard of care, we must look at what is considered the standard of care. This phrase includes a generally accepted set of standards of how other physicians, professionals, or institutions would treat a similar patient.

What are examples of medical malpractice?
Medical malpractice could include serious events like a surgery that results in death, or it could include things like a misdiagnosis or incorrect treatment plan that leads to injury.

What should I do next?
If you, or your loved one, have been injured due to a medical mistake or breach in the standard of care, you are entitled to fair compensation. While medical professionals are human and make mistakes, some mistakes can negatively affect your life moving forward. At MacCloskey Kesler and Associates, we can work with you to determine if your situation is medical malpractice and develop a plan to get you the compensation you deserve.

Let us take care of advocating for you while you spend time recovering from your injury or situation. We have decades of experience working on cases like yours, and we aren’t afraid to go to trial to get you a fair outcome.

Give us a call today to get started.

When a Member of Your Family Is Injured

When a Member of Your Family Is Injured

Your family is important to you, and when someone you love isn’t feeling quite like themselves, it can make you feel anxious or helpless. If your loved one has been injured recently, or if they are still living with long-lasting effects from a past injury, you can feel anxious and helpless as well. However, injuries are especially hard as they are often unexpected and can have serious financial burden tied to them.

Keeping Your Loved One on the Road to Recovery
When your loved one has been injured, the first step is to get them the medical treatment they need to be healthy and well. Some injuries require an emergency room visit, a few days to rest, and some work restrictions. Other more serious injuries could require hospital stays, surgeries, and a significant pain management plan over the course of weeks, months, or years. It can all feel overwhelming for the injured person and for their immediate family. In order to give your loved one the best chance at recovery, be sure you are keeping track of their medical appointments and follow up appointments.

Keeping Yourself Comfortable
Becoming a caregiver for a loved one living with an injury can be a recipe for burnout and exhaustion. In order to keep yourself healthy, be sure you are enlisting the help of other family members and trusted friends. Learning to ask for help can feel difficult, but you need the reinforcements to keep yourself and your loved one healthy. Ask a friend to pick up your child after school or go on a quick grocery run for you, or ask a family member to take your loved one to his next doctor appointment so that you can squeeze in some extra work time. People are willing to assist you, but you have to tell them what you need help with.

Finally, the insurance paperwork and tasks for an injury claim can feel overwhelming. However, those medical bills keep arriving in your mailbox and giving you additional anxiety about your financial future. Keep calm and enlist the help of the team at MacCloskey Kesler and Associates. We have decades of experience working with clients who have endured an injury.

Our goal is to help the family member and client spend their time and energy focused on feeling better; we take care of assuring the compensation is there and is the best outcome possible. Give us a call today to tell us more about your situation.

What is Traumatic Brain Injury?

What is Traumatic Brain Injury?

Injuries can happen to anyone, even those who are relatively careful and prepared. A slip, trip, or fall can have devastating consequences. One major injury that can happen in an accident, collision, or even while playing a sport, is a Traumatic Brain Injury, or TBI. Traumatic Brain Injuries are more common than you may think, with the Centers for Disease Controlreporting nearly 2.8 million emergency room visits due to TBIs annually. Traumatic Brain Injuries can vary in severity, which can make some injuries more difficult to treat.

What is a Traumatic Brain Injury?
Traumatic Brain Injury is a term that describes an injury due to a bump, blow, or jolt to the head. Mild Traumatic Brain Injuries are more commonly known as concussions. Even though concussions can be mild, the injury should still be monitored and followed closely.

How Can You Get a Traumatic Brain Injury?
TBIs can happen in a variety of ways. For example, getting hit with a baseball while fielding during a game could cause a TBI, as well as hitting the steering wheel with your head during a vehicle accident. Traumatic Brain Injuries can happen at work as well as at play, and can be deadly.

How Can I Stay Safe?
While some Traumatic Brain Injuries are completely accidental, you can take proactive steps to protect your head. For example, wear a helmet when riding a bicycle, motorcycle, or scooter. Wear all safety gear required for the task you are performing at work, and don’t skip safety steps.

What if I Have a Traumatic Brain Injury?
If you, or a loved one, have had a blow to the head, early treatment is key. While more serious injuries will certainly lead you to the emergency room right away, other more mild injuries can be more sneaky, creeping on slowly which can lead to delayed treatment. It is better to be safe than sorry, especially if the injured person seems confused, extra tired, or complains of changes to vision.

If you have been injured at work, follow your workplace’s policy for paperwork and follow up treatments. However, it is still wise to consult with an experienced attorney at MacCloskey Kesler and Associatesto assure you won’t have to worry about the ins and outs of insurance compensation while trying to actively recover from your trauma.

We are committed to working with anyone who has been injured, and forming a relationship with them while advocating for their best interests. Give us a call to get started today.

Have You Sustained A Surgical Infection After A Surgery Using A Bair Hugger Device?

Have You Sustained A Surgical Infection After A Surgery Using A Bair Hugger Device?

Close-Up Of A Doctor Wearing A Mask during surgery
The Bair Hugger is a single use blanket manufactured by 3M designed to keep patients warm during surgery.   It forces warm air through tubing into a blanket that covers the patient before surgery to promote healing and lower rates of infection.  It has been used in more than 200 million surgeries since 1987, and is used in four out of five U.S. hospitals.   While there is not yet a definitive link, some studies show the use of Bair Huggers during surgical procedures may have an increased infection risk over other warming methods.
Some patients who developed infections after surgery have filed suit against 3M alleging a causal connection between the use of the Bair Hugger device and the surgical infections they later developed.  Attorneys representing those patients say the research shows that the device can spread airborne contaminants while warming the surgical patients, thus causing these specific infections.   The inventor of the device, Dr. Scott Augustine, has testified that use of the Bair Hugger device creates a risk of infection, especially in orthopedic patients.
The Bair Hugger works by pumping warm air through a hose into rows of inflatable tubes that in turn warm the patient, which 3M alleges prevents heat loss from the body’s core and reduces the risk of hypothermia from anesthesia.   Dr. Augustine counters that the warming unit can disrupt the carefully designed flow of sterile air in an operating room and create convection currents that stir up contaminants on the floor and embed them on the surface of knee or hip implants.  This, according to Dr. Augustine, causes deep joint infections.
The lawsuits claim that 3M knew about the risks for infection and failed to warn doctors and hospitals of those risks.  They also claim that 3M tried to conceal and discredit the scientific data regarding the risks of infection.  The lawsuits seek damages for medical expenses, pain and suffering, lost wages and punitive damages (seeking to punish 3M for its wrongdoing).  No case involving the Bair Hugger device has gone to trial yet.
There are specific facts which must be proven in order to recover, and strict time limits apply.  If you have sustained an infection after a surgery where a Bair Hugger device was used, call MacCloskey Kesler & Associates at 815-965-2000 and we can help you get involved in the law suits that are progressing now against 3M.

Asbestos and Mesothelioma

Asbestos and Mesothelioma

Danger: Asbestos may cause Cancer
Asbestos is a fibrous mineral that was used in over 3000 different commercial applications between 1940 and the late 1970s.  Exposure to asbestos may cause cancer including mesothelioma, lung cancer, esophageal cancer, laryngeal cancer, stomach cancer, and colon cancer.  Mesothelioma is specific type of cancer that is often related to asbestos exposure.  Cancers caused by asbestos often lead to great suffering and even death.
There are hundreds of companies in the Rockford and Northern Illinois area that used or produced asbestos in their manufacturing operations.  Workers and their families were often exposed to asbestos.  Soldiers who served below the deck in the Navy or Merchant Marine also may have had exposure to asbestos.  Cancer often does not appear in the victims until several decades after the exposure.  An expert can determine whether your cancer was caused by asbestos or other sources.
It is important to contact a knowledgeable attorney quickly as time limits do apply and steps must be taken to preserve information regarding exposure.  Once you meet with us an expert will review your medical tests for asbestos exposure at no out of pocket costs to you.  Our law firm has helped the victims of asbestos exposure to ensure they receive fair and just compensation for their injuries or the death of their loved one.  We can help with both mesothelioma and other cancers.  We work with other attorneys who specialize in this type of litigation to make sure we can achieve maximum recovery.  If you or a loved one has been victim to asbestos, call MacCloskey, Kesler and Associates, LLP.
 
 

The adverse insurance company will not pay your bills as you incur them

The adverse insurance company will not pay your bills as you incur them

When you are in a motor vehicle collision caused by someone else’s negligence, the insurance company for that other driver will routinely tell you that they will pay all of your medical bills, and to just have your doctors send them the bills.  But what they don’t tell you is that they won’t pay any bills until your case settles.
The truth is that they will only pay for the bills that are “reasonable in amount” for treatment “necessary” as a result of the injuries sustained.   There are many ways insurance companies can dispute what bills they may pay by arguing they are not “reasonable in amount” or for “necessary” treatment.
The more pressing issue is when those bills will be paid.   Adverse insurance companies do not have to pay any of your bills until the case settles.  That could mean your bills may not get paid for months or even years.  If you wait for the adverse insurance company to pay your bills, they may go to collection and some doctors may refuse to provide medical care to you because of the outstanding balances.
To guard against this, always submit any medical bills you incur for injuries sustained in a car crash first to your own car insurance, and if those limits get reached, then to your own health insurance.  This will ensure your bills get paid in a timely manner and you get the medical attention you deserve as you need that care.
At MacCloskeyKesler and Associates, we have handled thousands of car accident cases and know how to make sure your bills get paid and you get the medical treatment you need.   There are time limits for settling cases, however, and time limits within which bills need to be submitted to your insurance companies.  We also know how to pay your insurance companies back after your case settles.
But it is important to contact us as soon as you can after a collision.   The sooner we get involved, the sooner we can get your bills paid and keep bill collectors from ruining your credit.  So call us now for a free consultation at 815-965-2000.

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