Many times doctors will prescribe medicines or medical procedures which later turn out to be defective and the subject of a product recall. In the last few years, the recall of medical devices has increased tremendously, particularly for the prosthetics used in joint replacement surgeries. The classic example of a medical product recall involves the silicone filled bags that are…
Many times I am asked to represent clients who have been in accidents with someone who has either insufficient insurance to cover the damages or no insurance at all. If you are injured or have property damage that exceeds the total amount of coverage that the defendant has, then you have a couple of options. 1) You can go ahead…
Once you have won your case, received a judgment, and all of the post-trial motions are completed, the question becomes “how do I get my money?” In general, there is a misconception that once you win the lawsuit, the judge leans over the bench and hands you a check for the amount of money you’ve won. Unfortunately, it does not…
On many occasions when handling medical malpractice cases, attorneys will face the question of how long a medical institution must preserve slides, specimens, tissues or biopsies. The state of Illinois has what is referred to as the CLIA laboratory certification program. This is part of the code of federal regulations CFR 42 Part 430 that refers to federally required record…
How do you divorce your business partner? Many times I am asked by clients for advice regarding the dissolution of a business relationship. It is always unfortunate to me that the timing of the clients request for advice is at the end of the relationship rather than at the beginning. The general rule in any partnership is that while you…
Occasionally I am asked to review cases in which there is suspected elder abuse or nursing home malpractice. Most experts agree that approximately 30% of all nursing facilities are cited for instances of abuse. While nursing homes in Illinois are highly regulated, because of the current financial condition of the state, the number of inspections and the current inspection process…
Post Judgment Proceedings So you have been successful in filing, prosecuting and trying your case. You have a money judgment against the defendant(s), and now you are looking to get paid on that judgment. The first thing you must do is make sure that the judgment is in clear written form, preferably on a court order with a specific dollar…
Do you really have a medical malpractice case? Many times I receive phone calls from grieving parents or a spouse who has had a tragic loss as a result of a medical procedure or event. The question becomes whether or not they have a medical malpractice case. There are a number of different considerations in deciding whether or not you…
Successful attorneys choose clients, they do not choose you. The decision to accept or reject a case is one of the most important decisions an attorney can make, and is one of the biggest reasons for the financial success or failure of a law firm. It is a key decision because accepting a case can have financial and professional implications…
