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The Police Must Have Probable Cause to Arrest
When you are charged with a crime, especially a serious crime, you need a criminal attorney who can examine every aspect of the case, from the time you were arrested until the time you were released on bond. Many times, police violate the rights of the accused under both the Illinois and Unites States Constitutions. When charged with a crime, you need and experienced, creative, aggressive, criminal attorney who will fight for your rights, not just tell you to plead guilty. A recent opinion from the Illinois Court of Appeals is an excellent example of defending a client to the fullest extent of the law.
A person was standing at a drug spot, on the street, yelling “dro, dro”. The police arrested him for violating a city ordinance prohibiting solicitation of unlawful business on the street. Of course, when he was searched by the police after the arrest, the police found a rather large quantity of drugs in his possession. The arrest was challenged, contending the police did not have probable cause for the arrest. The court found that there was probably cause, and the defendant was sentenced. On appeal, the court found that the police did not have probable cause to believe a crime or ordinance violation was being committed or about to be committed. The defendant won his case on appeal.
Farmers Insurance Settles Class Action Lawsuit for Failure To Pay Medical Expenses For Persons Who Purchased Certain Farmers Insurance Coverage
LOS ANGELES, Aug. 5, 2011 /PRNewswire/ -- Farmers Insurance announced today that it entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma (the "Court").
The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities (collectively, "Farmers"). The Court preliminarily approved the settlement on June 20, 2011.
Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments ("Med-pay") and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures. Farmers denies all of Plaintiffs' claims in the lawsuit. However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.
2 killed, 2 seriously hurt in wrong-way crash on tollway
August 11, 2011
Illinois State Police are still investigating a motor vehicle crash which killed tow people and seriously injured two others.
According to Illinois State Police Master Sgt. Carlita Joe, a red 2006 Porsche was on the eastbound lanes of the Reagan Tollway (Int. Hwy. 88) when the driver used an emergency vehicle turnaround just next to the Morton Arboretum in Lisle to cross into the westbound lanes about 6:28 p.m. Saturday.
The driver of the Porsche then continued east and hit a 2004 silver Toyota Corolla as it headed west in the second lane from the median, Joe said that one victim was pronounced dead at the scene, while another was taken to Edward Hospital in Naperville, where she was pronounced dead a short time later.
A passenger in the silver Toyota Corolla was taken to Edward and later moved Advocate Good Samaritan Hospital in Downers Grove. The driver of the Porsche, a 43-year-old man from Naperville, was taken to Good Samaritan with life-threatening injuries, police said.
What Are Common Surgical Errors in Illinois?
Undergoing any kind of surgery can be intimidating for patients of all ages. Regardless of the injury or medical condition, “going under the knife” can pose certain risks even for someone who is healthy or has no underlying issues. In some cases, complications may arise during the surgical procedure that could not have been predicted. However, in other situations, negligence on the part of the surgeon or medical staff may put a patient’s life in danger. Several factors can play a role, such as a physician’s incompetence, reckless behavior, or miscommunication between the surgical team assisting. If you or your loved one has suffered due to surgical errors, you may be entitled to compensation through a medical malpractice claim.
Failure to Provide Standard of Care
Medical mistakes can happen when healthcare professionals fail to uphold an expected standard of care. This includes noticing signs and symptoms of distress in a patient before or during a surgery. Medical negligence can take a variety of forms, but in the case of malpractice, it may result in devastating results for the patient. In certain cases, a person may die as a result of a complication, or if he or she survives, may have debilitating effects for the remainder of his or her life.
How Medical Malpractice Can Change a Child’s Life
Malpractice can cause pain for any patient, but when a victim is a child, a young person suffers because of the negligence of a medical professional. Children can be harder to diagnose than adults, but they deserve the same level of care of time. Infants are especially challenging because they cannot tell you how they feel. An innocent child should not get sick or die because a doctor did not do their job.
What Qualifies as Medical Malpractice
Some mistakes happen in medicine, but not all qualify as malpractice. Medical malpractice is when a standard of care is diverted from by any medical professional or institution. There is no exact definition for a medical standard of care, but across different fields, it is compared to how a reasonable professional would act in similar circumstances. For example, if a patient was misdiagnosed and not harmed by the treatment or lack of correct treatment, they likely would not have a case for malpractice.
What Are Common Birth Injuries Caused By Medical Malpractice?
For many people, expecting a baby can be a dream come true. A lot of expectant mothers may have healthy, uneventful pregnancies. However, labor and delivery can be difficult, especially when unexpected complications arise. Parents rely on medical professionals to take the necessary precautions to prevent any serious injuries to the mother or baby during childbirth. If a physician or nurse does not properly respond to these problems, the medical facility may be liable for any birth injuries that result. In certain situations, a medical malpractice claim may help cover financial hardship due to ongoing costs for medical treatment.
Complications During Childbirth
Just because a woman had an easy pregnancy does not necessarily mean she will have a smooth delivery. In some cases, a mother may have had a vaginal delivery for her first child, but her second child may require a Cesarean section. Doctors monitor a woman’s progress throughout the pregnancy, and they are also responsible for ensuring a safe delivery. If a medical professional fails to recognize signs of distress in either the mother or baby, this can lead to life-threatening complications.
Reducing Cell Phone Distracted Driving
Although young drivers are the most attached to their phones, adults drive distracted as well. You are 400% more likely to get into a car accident while using a cell phone, than regular motor use. Although Bluetooth, or hands-free, devices are legal to use on the road for drivers over the age of 19 in Illinois, it is still more dangerous than talking to a passenger in the car.
What If I Need to Use My Phone?
Life continues while you are in the car. If you do need to make a phone call or respond to a text message, Illinois State Police recommend safely pulling over to the shoulder of the road. Although hands-free driving is legal, this does not include talking on speakerphone. The only times a nonhands-free device can be used are:
- Parked on the road shoulder;
- To report an emergency; and
- When the car is in neutral or park during regular traffic.
Verdict of "Not Guilty" After Trial and Successful Motion to Throw out Admission of Drinking Alcohol
We were retained to represent a woman who was pulled over and ultimately charged with DUI.
The arresting officer had his on-board video camera turned on to show our client's alleged erratic driving, and to record the audio and video from the questioning and field sobriety tests that were administered at the scene.
The officer testified at trial that our client had failed all of the field sobriety tests, but that she had refused to take the alcohol breath test.
Initially, our client admitted to consuming two beers earlier in the night. After further questioning at the scene, our client told the officer that she had not only consumed more than two beers earlier, but she had also had mixed drinks. The officer charged our client with DUI.
Before the case went to trial, we filed a Motion to Suppress our client's statements regarding the additional drinks she had consumed over and above the two beers. We argued that before the additional questioning, the officer should have read our client her Miranda rights.
Is a Misdiagnosis Considered Medical Malpractice in Illinois?
Many people put their trust in healthcare professionals to treat an injury or a specific medical condition. However, mistakes can and do occur, unfortunately. Often considered the most common, most costly, and most dangerous of medical errors, a missed or delayed diagnosis prevents a patient from receiving appropriate medical treatment to prevent his or her ailment from worsening. A misdiagnosis is only considered medical malpractice when a physician acted negligently and took action that another doctor would not have taken given the same circumstances. This can be difficult to prove, but an experienced personal injury attorney can help uncover evidence of this negligence.
Reasons for a Missed Diagnosis or Misdiagnosis
There are several ways that a medical mistake can happen, and although most are unintentional, they can have profound effects on a patient. In some cases, a missed or misdiagnosis can leave someone in worse health than they were before visiting the doctor or hospital. In addition, the timing of it can be critical depending on his or her condition. For example, the timely diagnosis for advanced diseases such as cancer is crucial to provide the necessary treatment such as chemotherapy or radiation, which can stop a malignant tumor from growing or spreading to other body parts.
Rise in Accidents Involving Stopped Emergency Vehicles
By: Kal Issa
Recently, there has been a spike in vehicle accidents involving stopped emergency vehicles, mainly Illinois State Police vehicles.[1] Unfortunately, some of these accidents have led to the death or serious injury to members of law enforcement. In Illinois, it has been nearly 20 years since lawmakers enacted a criminal statute to address this issue.
Scott’s Law, otherwise known as the “Move Over” law, requires motorists to change lanes away from the shoulder when there is an emergency vehicle parked on the shoulder with its emergency red, white, blue or yellow lights flashing.[2] If it not safe for the motorist to make this lane change, the motorist must proceed with due caution and reduce its speed. Scott’s Law was named after Scott Gillen, a Chicago firefighter who was struck and killed by a motorist while on the scene of a crash rendering emergency services.
With this recent rise in fatal accidents, it is fair to presume that prosecutors are ensuring that a motorist ticketed for violation of this law face tougher penalties. A violation of Scott’s Law is punishable by a fine of up to $10,000.00. Even if a violation of this law leads only to property damage to another, the motorist’s license will be suspended for a minimum of three months, up to one year.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
