FAQ's
Frequently Asked Questions
Q. How do I know if my case stands a chance of winning?
Q. What are bed sores and how do they form?
Q. What are common birth injuries and what causes them?
Q. How can I protect my loved ones who are in nursing homes?
Q. What are a nursing home resident’s rights under the Illinois Nursing Home Care Act?
Q. What should I do if I’m attacked by a dog or other animal?
Q. What if there is a question I have that I don't see answered on your site?
Q. How do I know if my case stands a chance of winning?
A. As an experienced personal injury practice, The Kosner Firm can evaluate whether your situation demonstrates the criteria laid out in tort law.
Tort law covers civil (as opposed to criminal) actions that don’t involve contracts. (Criminal acts are offenses against the state and the state complains; civil offenses are against a person and that person, or a defined representative, is the plaintiff.)
Tort defines when someone can be held legally responsible (liable) for an injury.
That person’s action may be accidental or intentional. Personal injury falls under the heading of torts.
Injury, under tort law, includes a wide range of your interests. In personal injury, this may be physical, emotional or monetary damage.
Generally speaking, torts are divided into those arising from negligence and those that are intentional. Negligence is the more common and such suits can lead to the awarding of damages – generally money to compensate you for your injury. Under negligence are included claims arising from personal injury accidents of many kinds, including medical negligence.
Under negligence, the person being sued (defendant), is accused of failing to meet a “duty of care” that one person owes to another. This duty was established in 1932 in England, when a member of the House of Lords (Lord Atkin) argued that we all owe a duty of reasonable care to our neighbors, as embodied in the biblical concept of loving our neighbors. He said the law should recognize a unifying principle that we owe a duty of reasonable care to our neighbors. He quoted the Bible in support of his argument, specifically the general principle that "thou shalt love thy neighbor."
Thus the elements of negligence we must prove in a personal injury case are:
- That the defendants had a duty to look out for you within the situation that left you injured.
- That the defendants’ conduct fell short of the standard expected in that type of situation.
- That the defendants’ failure to meet the standard caused your injury.
- That your injury caused you damage. Without damage, there is nothing to sue for.
If these four factors are present, than you may have a reasonable suit. Contact The Kosner Firm for a free evaluation of your situation.
Q. What are bed sores and how do they form?
A. Bed sores are formed when the blood supply to the skin is restricted, as it is when a person is lying in bed, unable to move. For this reason, nurses regularly adjust the position of such persons, distributing the pressure over the skin. As they worsen, the skin tears and the sore goes deeper into the tissue.
Bed sores, also known as Decubitus Ulcers or pressure ulcers, can form quickly. They are diagnosed in four stages based on their depth and a fifth “unstageable” condition in which the ulcers depth cannot be determined.
- Stage I is the most superficial. The skin is red, and the redness does not go away when you press on it. The skin’s temperature may be abnormal, either hotter or cooler than usual, its texture may be odd, and the affected area may be painful. Bed sores are easy to see on someone with light skin but may show up as purple or blue on someone with darker skin.
- Stage II shows damage to the outer layer of skin, known as the epidermis. The under layers of skin may also be damaged. The sore may be called an abrasion or blister.
- Stage III penetrates all the skin layers and may continue into the tissue below the skin, known as subcutaneous (under the skin) tissue. The blood supply to the subcutaneous tissue is relatively poor and it does not heal easily. Stage III bed sores may be bigger than they seem because the damage may extend below apparently healthy tissue.
- Stage IV may extend into muscle, tendon and bone.
- Unstageable bed sores are covered with dead cells and oozing fluid that hide their depth.
Q. What are common birth injuries and what causes them?
A. Sometimes birth injury or birth trauma results just from being born. Traveling through the birth canal is, in itself, a rough trip and which proper medical care provides for.
Sometimes such injuries result from medical malpractice: mistakes made by medical personnel. In either case, the consequences can be far reaching, affecting your child and your family for decades to come. If your child has problems, The Kosner Firm can work with you to determine whether the medical staff fell short of its responsibilities to you and your child.
There are a number of factors that make birth injury more likely. Some common factors include:
- Size: Weights near nine pounds and above.
- Early delivery: Babies born prematurely (before 37 weeks) are more fragile and more easily injured.
- The mother’s body: The size and shape of her pelvis is inadequate for a vaginal delivery.
- Abnormal labor: Prolonged or otherwise difficult.
- Presentation: When the baby is positioned abnormally, such as buttocks, rather than head, (breech) entering the birth canal first.
To this list, you can add such factors as:
- Inadequate prenatal care: If a doctor fails to provide quality pre-natal care or prescribes medicines that harm the unborn child.
- Delivery problems: Improper use of forceps, suction and other instruments and techniques can cause brain injuries. Delaying a caesarean section can result in a variety of trauma.
Some of the more common birth injuries include:
- Swelling of the soft tissues of the baby's scalp that develops as the baby travels through the birth canal. The swelling usually disappears in a few days without problems. Babies delivered by vacuum extraction are more likely to have this condition. (called caput succedaneum).
- Bleeding underneath one of the cranial bones that may appear as a raised lump on the baby’s head several hours after birth and generally disappears in a couple of weeks. (Cephalohematoma)
- Bruising. This may result as part of the normal passage of the child through the birth canal. Tools, such as forceps and vacuum extraction, can leave temporary bruises or cuts on the baby’s face and scalp.
- A bright red circle around the iris of the eyes, caused by small blood vessels breaking (subconjunctival hemorrhage). This is common and generally goes away within ten days.
- Pressure on a baby's face during birth may cause injury to the facial nerve, resulting in facial paralysis. In this condition, which may also result from the use of forceps, there is no movement on the side of the face with the injury and the eye cannot be closed. This is often noticed when the baby cries. The paralysis usually improves in a few weeks though, if the nerve was torn, your child may require surgery.
- Cerebral palsy, a permanent condition caused by damage to the area of the brain known as the cerebrum, interferes with an individual’s ability to move and support one’s self. It may have sensory, communication and behavioral problems associated with it. And it may be accompanied by epilepsy and problems with the muscles and bones. Babies with low birth weights are more likely to have CP. An estimated five percent of cases are caused during birth.
- Brachial palsy, also known as shoulder dystocia, occurs when the nerves to the arms and hands are injured. It is most common when delivery of the baby's shoulder is difficult. The baby can’t flex and rotate the arm. Movement should return within a few months if there is only bruising and swelling around the nerves, but damage may be permanent if the nerves tore.
- Sometimes a bone will break during labor and delivery, with fractures of the collarbone the most common. Such a break may happen if the shoulder is hard to delivery or the delivery is breech. When the collarbone breaks, the baby rarely moves the arm on the side of the break. However, such breaks generally heal quickly
Q. How can I protect my loved ones who are in nursing homes?
A. Your strongest weapons in the fight against neglect is your regular presence at the home and your willingness to complain quickly and loudly.
To make sure your loved ones are getting the care they need:
- Visit them often. Be unpredictable: Go on different days and at different times. Include weekends and holidays in your plans.
- Discuss the situation with them. Look for clues about their treatment in their comments and reactions.
- Don’t be afraid to report suspected abuse.
- Tell administrators and nurses about any suspicions.
- Immediately contact the division of the federal department of Health and Human Services that regulates nursing homes if you have any questions or concerns.
- If necessary, file a complaint with your state’s licensing and certification agency. Do so immediately; waiting can be dangerous.
- If you feel your loved one is a victim of nursing home neglect, call The Kosner Firm. It is expert in nursing home abuse and neglect.
Q. What are a nursing home resident’s rights under the Illinois Nursing Home Care Act?
A. The NHCA, enforced by the Illinois Department of Public Health, covers long-term care facilities in the state. These may be private homes or institutions that care for three or more people who aren’t related to the owner of the facility. This covers personal, sheltered and nursing care. The act promises that all residents have:
- All rights as a U.S. citizen, including voting, freedom of religion and freedom of speech
- The right to manage their financial affairs. They must have access to any money the facility is holding for them, and if the amount held is more than $100 it must be an account that pays interest. Plus the facility can’t spend their money without permission and must provide a written accounting of the funds every quarter.
- The right to information about applying for Medicaid and spousal impoverishment. The facility must provide this.
- The right to private, readily available mail, phone calls and, between 10 a.m. and 8 p.m., visitors
- Respect and privacy.
- Their own clothes and any clothes the facility provides must fit properly.
- The right to see and copy their medical records
- The right to use their own personal doctor (at the expense of themselves of their personal insurance)
- The right not to perform work for the facility
- The right to be informed of their medical diagnosis, treatment and prognosis, and confidentiality about their care.
- The right to refuse any medical treatment unless needed to prevent harm to others
- The right to have any Living Will orders on file honored.
- Freedom from physically restraint or drugs without a doctor’s order, and they may not be neglected or abused.
- The right to present grievances without being penalized or discharged
- The right to contact their attorneys, social workers or local ombudsmen privately during business hours
- To live in the same room with their spouses, if both live in the same facility, unless there is a medical reason otherwise.
- The right to be discharged or transferred at the request of themselves or their guardians.
The Illinois Act does not cover facilities operated by the state or federal government, hospitals, community living facilities, community-integrated living arrangements facilities or a supportive residence.
There is also a Federal Nursing Home Reform Law which provides for:
- No discrimination against Medicaid-eligible residents
Personal and family care planning
Honoring of resident preferences regarding activities, schedules and health care - Provision of necessary services
Freedom from being compelled to use a feeding tube, except as a last resort. - Visits from family members at any time
Freedom from any requirement that a third party should be responsible for your expenses. - Freedom from arbitration agreements
Ability to bill Medicare - Continuation of medically necessary therapy after Medicare reimbursement ends
Continued stay in Medicare-certified bed
Readmission from the hospital under Medicaid.
Freedom from assessment of extra charges not covered by the admission agreement. - Freedom from being transferred or discharged against their wills unless:
- There is a medical reason
- They are a potential risk to the safety of themselves or others
- They have not paid the bills for the facility.
- The facility is closing
- The right to organize a residents’ advisory council to make recommendations to the administrators and to safeguard residents’ rights.
Q. What should I do if I’m attacked by a dog or other animal?
A. First, you should get medical care. Then:
- Get the name and address of the animal owner and contact information for any witnesses.
- File a police report as soon as you can and get a copy of it.
- Take pictures of your injuries and, if possible, of the animal.
- Write down a list of your medical treatment and bills, and your physical and emotional complaints.
- Don’t talk with the animal owner or his or her insurance company. Understand that if you take money or sign a release, you may not be eligible for additional compensation.
- To protect your rights, find and hire an experienced lawyer as soon as you can.
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