The Kipness Law Firm, P.C

Archive for February, 2010

Spinal Cord Injuries

Tuesday, February 23rd, 2010

The Long Term Effects of Spinal Cord Injuries

The following is a guest blog courtesy of Dolan Law Offices in Chicago

Spinal cord injuries can occur in any type of accident and can instantaneously change your life.  There are two types of spinal cord injuries: complete injuries and incomplete injuries.

Complete Spinal Cord Injuries

A person who suffers a complete spinal cord injury is paralyzed from the part of the spine where the injury occurred down.  If the injury occurred on the upper part of the spine, such as the neck, then the person may suffer quadriplegia and be unable to move from the neck down.  If the injury happens in the lower back then the person may suffer paraplegia and be paralyzed from the waist down but maintain movement in the upper body.

Incomplete Spinal Cord Injuries

While incomplete spinal cord injuries do not typically result in paralysis, they can still have devastating effects.  The Mayo Clinic cites some of the possible spinal cord injury effects as:

  • Loss of bladder and / or bowel control;
  • Impaired skin sensation;
  • Circulatory problems;
  • Respiratory problems;
  • Low muscle tone that impacts gross motor activities;
  • Problems with sexual health; and
  • Pain.

Both complete and incomplete spinal cord injuries can result in significant physical and emotional damages that change a person’s life.  If you have been injured in an accident that has caused you to endure problems associated with a spinal cord injury then you may be entitled to damages for your injuries.  It is, therefore, important to contact a spinal cord injury lawyer for more information about your potential recovery.

Dolan Law Offices, P.C. is a firm of Illinois Spinal Cord Injury Lawyers. We are committed to fighting for full and fair compensation for spinal cord injury victims.

21 Year Old DeSoto, Texas Woman Dies In Car Accident

Thursday, February 11th, 2010

Gladys Barrientos, a 21 year old woman from DeSoto, Texas was killed in a car accident on Friday, February 5, 2010.   Her vehicle collided with a Chevy Tahoe driven by a man that was avoiding a traffic stop for a defective headlight.

The Chevy Tahoe driver, while driving away from a Duncanville police officer, was driving south on Duncanville Road.  He collided into the white Honda Civic being driven by Gladys Barrientos, which was turning left in front of the Chevy Tahoe.  Ms. Barrientos was taken to Charlton Methodist Hospital, where she died.

The other driver has not been identified but may be facing criminal charges and could also face a civil personal injury suit for causing the wrongful death of Ms. Barrientos.

Illinois Supreme Court Strikes Down Medical Malpractice Damage Cap Law

Tuesday, February 9th, 2010

The Chicago Tribune reported that the Illinois Supreme Court overturned a medical malpractice law on the grounds the law, which placed limits on damages awarded to patients, was unconsitutional.

Hospitals and doctors say caps on damages for medical malpractice is necessary to reduce rising health care costs.   The law was passed on 2005 and its purpose was to limit compensation to patients for pain and suffering and other non-economic damages such as mental anguish, impairment, and disfigurement.  The caps limited these types of damages to $500,000 in cases against doctors and $1,000,000 in cases against hospitals.

Doctors have complained their medical malpractice premiums will increase because of this ruling.  They argue an increase in premiums will cause Illinois doctors to leave Illinois and practice medicine in other states.  Opponents have stated there is no evidence that rising malpractice premiums have caused doctors to retire or leave the state.

The Illinois Supreme Court stated the seperation of powers (between the branches of government) clause was violated because the law allowed the state legislature to interfere with a jury’s right to determine damages in a medical malpractice case. 

The underlying case made the basis of this appeal involved a 4 year old girl who suffered a brain injury during her birth. 

There are disputes on whether damage cap laws actually reduce the costs of health care.  The U.S. Congressional Budget office has stated caps on non-economic damages could only lower the cost of healthcare by 0.5 percent.

A professor from Penn Law School has written a book titled “The Medical Malpractice Myth.”  Professor Tom Baker is of the opinion that lawyers are less likely to take cases from lower-earning people because the potential recovery is smaller when non-economic damages are limited.  

Texas also has caps on a non-economic damages in medical malpractice and nursing home abuse cases.  The caps are limited to $250,000 for cases against doctors and $500,000 for cases involving two or more hospitals.

We hope the right attorney with the right case will challenge the Texas cap on non-economic damages.  We believe the Illinois Supreme Court reason is logical and makes sense.  Jury awards should not be disturbed by legislatures.

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