In a recent case, a state supreme court had to decide whether an arbitration agreement, governed by the Federal Arbitration Act and entered into by a nursing home patient and her power of attorney, was enforceable against her husband after he brought a wrongful death action. The man brought a…
When it comes to medical device and pharmaceutical lawsuits, the class action lawsuit is very common. In a class action lawsuit, one plaintiff or a group of plaintiffs files a lawsuit on behalf of a class of people who have similar legal and factual allegations. In general, there are four requirements…
In a recent case, a mother sued her daughter’s doctor after her daughter overdosed on a combination of prescription and non-prescription pills. The daughter died on May 18, 2013 after she took a lethal combination of pills. On May 15, 2015, the mother filed the claim against her daughter’s doctor,…
There are countless allergy sufferers in the United States. For many of these people, having an allergy to certain foods or insects is a relatively minor health aspect. But for others, being exposed to an allergen can result in death. Some common examples of severe allergies include bee stings, seafood,…
Food safety is one of the most popular topics in the headlines these days. Whether it is major foodborne illness outbreaks at popular national chain restaurants or contaminated food products on store shelves, consumers face serious risks when food providers and manufacturers fail to take reasonable precautions and to use…
Breast implants are very common and have been used as a cosmetic modification for several decades. According to some reports, breast implants are the second-most common cosmetic operation that women seek out. The most common procedure is liposuction. In 2015 alone, more than 300,000 breast augmentation procedures were performed. There are…
Nursing home residents are protected from abuse by fellow residents under Illinois law and federal law. Illinois’ Nursing Home Care Act (NHCA) protects residents from any intentional or negligent act or omission that causes an injury to a resident. This includes abuse committed by staff members, as well as abuse committed by…
In a recent case, a court decided that a resident’s estate could not be compelled to enter arbitration, even though the deceased resident’s daughter had signed an arbitration agreement on her behalf. When the resident was admitted to a nursing home, her daughter accepted a health care proxy designation on…
There are many benefits that our modern food system has to offer, including the ability to ship produce around the globe so that we can enjoy some of our favorite fare throughout the year. This same benefit, however, also exposes consumers to hidden dangers. It’s not always a guarantee that…
Americans are living longer today than in the past, which means that many families are forced to place a loved one under the care of a nursing home. Unfortunately, not all residents receive the care they deserve at nursing homes. Some residents are not sufficiently fed or cleaned, and some…