Find a Lawyer, Free Consultations (2024)

843-577-3700

Contact Kuhn & Kuhn, LLC

Mesothelioma and Asbestos Cases

workers Continue to Develop Mesothelioma in the U.S.Plain and simple, mesothelioma is a cancer caused by asbestos. According to the Mayo Clinic, Malignant mesothelioma is a type of cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium) often becoming trapped in our lungs. Approximately 3,000 people are diagnosed with mesothelioma each year in the United States, It often takes decades for the exposure to turn into mesothelioma. Asbestos consist of naturally occurring minerals made up of heat-resistant fibers. It was used in thousands of consumer products both before and after the dangers of asbestos were known. Asbestos exposure can cause mesothelioma, lung cancer and other cancers. All mesothelioma cases are caused by asbestos. Who can be held liable? Asbestos manufacturers knew asbestos was deadly and many failed to protect workers and their loved ones. Asbestos exposure commonly occurs when working with the deadly mineral, but companies are liable for secondhand exposure as well and can be held liable to victims and their family members who also became exposed to asbestos that was brought home on work clothing, etc. If you or loved one has been diagnosed with Mesothelioma, contact our office today and speak with former Judge James M. McGing at (773) 467-8000.

Nursing Home Malpractice

nURSING HOMES AND ARBITRATIONBy Hon. James M. McGing (ret’d)This month the United States Supreme Court refused to hear an appeal of the Centers for Medicare & Medicaid Services’ (CMS) rule that prohibits Nursing Homes from requiring residents to sign arbitration agreements as a condition of admission. That leaves in place the rule and Nursing Homes can no longer require a resident or their representative to sign it. However, the Nursing Homes can ask potential residents if they would voluntarily sign it after clearly explaining it and further that it is not mandatory that they agree to sign it. CMS is part of the U.S. Department of Health & Human Services. CMS explains in its rules that “Concerns have been raised about the fairness and transparency related to both the means by which these agreements are created and the fairness of the arbitration process themselves…” and many patients are transferred directly from hospitals in ill-health and are not in a position to engage in meaningful negotiation. Long term health facilities have often required the signing of these arbitration agreements before admittance. The Illinois Appellate Court on September 30th, 2022, in the case of Calusinski v. Alden-Poplar Creek Rehabilitation & Health Care Center, Inc., 2022 IL App (1st) 220508 weighed in on this issue when it affirmed a decision by a Cook County Circuit Court Judge finding that in a Cook County case, the arbitration agreement was not enforceable as a matter of law because it was substantively unconscionable. Ms. Calusinki’s son executed the paperwork under a power of attorney. She eventually died at the facility and a lawsuit was filed alleging Wrongful Death and a Survival Action based upon Negligence. The arbitration agreement required any claims or disputes brought by plaintiff arising out of his mother’s care at the nursing home to be resolved through mediation and/or arbitration. Yet, the agreement permitted the nursing home to litigate claims against plaintiff for nonpayment of nursing home costs in a court of law. The Circuit Court Judge ruled that the parties’ arbitration agreement was substantively unconscionable, and therefore unenforceable, because it waived plaintiff’s right to statutory attorney fees without adequate consideration. The Appellate Court agreed in a unanimous opinion, finding that “an arbitration agreement is substantively unconscionable, where as here, the contract terms are so one-sided that they oppress or unfairly surprise an innocent party and there is an overall imbalance in the obligations and rights imposed by the bargain, as well as significant cost-price disparity. If an arbitration agreement is unconscionable, it is unenforceable.”If you or a loved one has been abused or neglected at a Nursing Home, call Miller McGing Law today at (773) 467-8000 and speak with former Supervising Judge James M. McGing.

Supervisory ER Doctor Could Owe a Duty to Patients of other ER Doctors

eR Supervisory Physician Could Owe a Duty to a Patient Never Personally ExaminedIn a recent Illinois Appellate Court decision, a dismissal of a doctor from a medical negligence lawsuit was reversed as the issue is a factual one to be determined by a jury and there exists a genuine issue of material facts in the case.A patient was taken to a hospital emergency room complaining of a sore throat and difficulty breathing. A nurse practitioner (NP) examined the patient and diagnosed her. The NP prescribed Clindamycin for the symptoms and recommended the patient be discharged from the emergency room with instructions to follow up with her primary care physician. The NP documented this information in the medical chart. The Supervising Emergency Room Physician (SERP), who worked for a separate physician’s group that contracted with the hospital, reviewed the medical chart, including history of present illness, review of systems, physical examination, lab orders, and results. Based on the chart, the SERP opined that the medical care was “reasonably appropriate,” no further medical tests or imaging studies were required, and the discharge plan was appropriate. The SERP included an addendum to the medical chart stating, “I was the supervising physician for this patient and agree w/ plan.”The hospital discharged the patient at 2:45 a.m. At 4 a.m., the patient called 911 but she couldnot speak. The dispatcher sent the paramedics to her home. The paramedics found her unresponsively lying in her driveway and administered oxygen. An ambulance took her to ahospital where emergency measures restarted her heart, but she died on December 13, 2016After a lawsuit was filed, the trial court by way of summary judgment, dismissed the Supervising Emergency Room Physician and the physician’s group, concluding, the SERP never had a physician-patient relationship which is a requirement for medical negligence liability. The trial court determined that there was no genuine issue of material fact as to that matter. The Appellate Court in a unanimous decision, reversed the decision. The Court determined that the SERP was employed by an independent physician’s group, retained by the hospital to staff the hospital’s emergency room with physicians, mid-level nurse practitioners, and physician assistants. Generally, the mid-level practitioners and physicians see patients independently. However, the physician’s group assigns physicians to work with mid-level practitioners. According to the SERP, the physician’s role is to respond to the mid-level practitioner’s request for assistance: “I’m there to provide any help if she needs it—he or she, whoever the mid-level would be. If they want me to come see the patient, examine the patient, talk to the patient, and help them make a disposition on the patient, I’m there to do that.” Due to billing purposes, a patient cannot be discharged unless the supervising physician approves it. The Appellate Court concluded that “the extent of the Supervising Emergency Room Physician’s responsibility and involvement in reviewing of the patient’s medical chart and approving her care and treatment demonstrates that, the SERP’s medical evaluation impacted the patient’s diagnosis and treatment. Therefore, we find that a genuine issue of material fact exists as to whether the Supervising Emergency Room Physician owed a duty of care to the [patient] and the circuit court erred by granting the motion for summary judgment in favor of the physician. By Hon. James M. McGing (ret.), Miller McGing Law (773) 467-8000. Call Today.

birth Injuries/Defects and Medical NegligenceBy Hon. James M. McGing (ret.)According to the National Institute of Health (NIH), the National Vital Statistics Report defines birth injury as "an impairment of the neonate's body function or structure due to an adverse event that occurred at birth." These injuries include a wide range of minor to major injuries due to various mechanical forces during labor and delivery. Birth injuries are different from birth defects or malformations and are often easily distinguishable from congenital defects by a focused clinical assessment.The risk factors associated with birth trauma can be grouped into those related to the fetus, pregnancy, mother, or iatrogenic factors (use of instrumentation during delivery) according to the NIH. The injuries can include head trauma, hemorrhages, skull fractures, nerve and spinal injuries, just to name a few. These injuries can be the result of medical negligence for a variety of reasons including misuse of medical tools and devices and failure to monitor the mother and baby before, during and after delivery, and can cause permanent injuries to a newborn or a mother. Birth defects on the other hand, occur during pregnancy, especially in the early stages. Although, many are often unavoidable, there are many situations where a birth defect is avoidable. One example is when a medication causes a birth defect, a doctor can be found negligent for prescribing the medication if they knew the risks and a drug manufacturer may also be held liable. Many genetic disorders or defects are treatable during pregnancy (in utero). If a treating physician does not properly diagnose a treatable condition, that failure to diagnose can be considered medical negligence.An Obstetrician (OB) or an OB-GYN, a physician qualified in Obstetrics and Gynecology is the physician in charge of care during pre-conception, pregnancy, childbirth, and immediately after delivery. These doctors review medical information including charts, lab tests, in-office examinations, risk factors and ultrasounds and make decisions accordingly. A birth defect can result if a crucial bit of information is missed by them with catastrophic injuries or even death. According to the NIH, some medications are associated with known birth defects while other defects can be caused by failure to assess, recognize certain risks and take action during situations such as when a baby is too large for the birth canal, a drop in heart rate or an umbilical cord impeding the baby. Doctors must recognize these and other risk factors and take the appropriate steps in accordance with the recognized medical standard of care. When they don’t, they can be held liable. Hon. James M. McGing (ret.)Former Supervising Judge, Law DivisionMiller McGing Law(773) 467-8000

Why You Shouldn't Accept the First Settlement Offer After a St. Louis Car Accident

don't rush to accept the first settlement offer after a St. Louis car accident. Seek legal advice to understand your full damages, gather evidence, and negotiate for fair compensation. Hasty decisions can cost you in the long run.

The Role of Functional Capacity Evaluations in Missouri Workers' Comp Cases

functional Capacity Evaluations play a crucial role in Missouri workers' comp cases, assessing an injured worker's abilities and impacting benefits. Understanding FCEs and seeking legal guidance can protect your rights and maximize your claim.

FOIA Revisions in Connecticut

if you have any questions regarding the FOIA in Connecticut, contact one of our attorneys at (203) 221-3100.

Multilingual Translation Requirements in Education

if you have any questions regarding multilingual education Connecticut, contact one of our attorneys at (203) 221-3100.

Changes to Connecticut's Bullying Law

if you have any questions regarding school bullying in Connecticut, contact one of our attorneys at (203) 221-3100.

Special Education Updates: Public Act 23-137

if you have any questions regarding Public Act 23-137 in Connecticut, contact one of our attorneys at (203) 221-3100.

Special Education Updates: Transition Services

if you have any questions regarding transition services in Connecticut education, contact one of our attorneys at (203) 221-3100.

Special Education Updates: PPT Requirements

if you have any questions regarding PPT requirements in Connecticut education, contact one of our attorneys at (203) 221-3100.

Special Education Updates: Mediation

if you have any questions regarding mediation services in Connecticut education, contact one of our attorneys at (203) 221-3100.

Title IX Training Requirements

if you have any questions regarding Title IX, contact one of our attorneys at (203) 221-3100.

ADA Requirements for Web Accessibility

if you have any questions regarding ADA requirements in education, contact one of our attorneys at (203) 221-3100.

[NEWS] Las Vegas Real Estate Attorneys Explain garage and yard sale restrictions in Las Vegas

restrictions on garage sales (and yard sales) are found under Las Vegas Municipal Code, Unified Development Ordinance 19.12.020(B)(1).

10 Critical Steps to Take After a Fatal Car Accident in New York

critical steps after a fatal car accident in NY: Ensure safety, call 911, document scene, gather info, seek medical care, notify insurance, keep records, and contact a lawyer for guidance and legal support.

Navigating Insurance Claims After a Car Accident: What You Need to Know

navigating insurance claims after a car accident is complex. Report promptly, document everything, understand your coverage, and be cautious with adjusters. Consider legal help for injuries and disputes.

Navigating Rear-End Collisions in St. Louis

rear-end collisions are common in St. Louis, often leading to serious injuries and legal complications. This guide covers causes, common injuries, and crucial steps to take after an accident, including seeking legal help.

What is a Trademark?

opening a business is not only a huge accomplishment but also a major investment. Like any other investment, your goal should be to protect it. One of the ways to protect your business is though a trademark.