If you were injured because you used an unreasonably dangerous medical device or pharmaceutical drug, a product liability lawyer can assist you in bringing a case against the manufacturer to pursue compensation for your losses. To recover under a theory of strict liability, as opposed to negligence or breach of warranty, you would need to prove that an unreasonably dangerous flaw in the product caused your injuries and that the flaw existed at the time the item left the manufacturer's control. Both the consumer who was using the product and the use to which the item was being put must be reasonably foreseeable to recover damages.
There are three types of defects that make products unreasonably dangerous: manufacturing, design, and marketing defects. There are also a number of affirmative defenses that a manufacturer may mount. For example, defendants in states like Illinois may assert assumption of the risk. To sustain this defense, the manufacturer will have to prove a plaintiff knew of a particular hazard related to a product, understood the risk of injury, and nonetheless used the product.
Product liability claims often arise from flaws or mistakes in the health care industry. For example, there are many medical devices that can significantly undermine a patient’s well-being when they are not properly manufactured. Some common examples include hip and knee replacements, transvaginal mesh, and birth control products. Patients affected by flaws in these devices may suffer from metal poisoning, cancer, or other debilitating complications that can affect the rest of their lives. Enlisting a product liability attorney to pursue a claim against a manufacturer responsible for this kind of harm can potentially bring victims not only a sense of justice, but also the compensation that they need to cope with their injuries.
Similarly, faulty pharmaceuticals can cause serious harm in situations when a manufacturer fails to carefully test its products, provide adequate quality control mechanisms, or inform consumers about dangerous side effects. People who are hurt as a result of defective drugs can seek representation from a knowledgeable product liability lawyer. Potential forms of compensation may include pain and suffering, hospital bills, and the costs of future treatment.
Medical malpractice occurs when a health care professional or institution breaches the applicable standard of care while treating a patient, thereby causing an injury or death. The relevant standard of care is the accepted set of practices or standards used by other specialists in the field when treating a similar patient in a similar context. It is usually necessary to retain an expert to provide testimony on how the standard of care was breached and how the breach resulted in the patient’s injuries.
One widespread way in which a doctor may breach the professional standard of care is by failing to properly diagnose a patient. A misdiagnosis such as a false positive can impose significant costs on an individual who seeks treatment for a condition from which he or she does not suffer. Perhaps even more harmful are misdiagnoses in which a doctor fails to identify the patient’s condition, causing it to worsen because treatment did not begin as soon as it should have.
Other forms of medical malpractice may occur when health care professionals are providing treatment for a condition or injury that has been identified. Surgeons may operate on the wrong area of the body or fail to follow the appropriate procedures in the operating room. Anesthesiologists may provide the wrong dose of anesthesia, resulting in devastating or even fatal consequences. A lesser standard of care applies to cases involving treatment in emergency rooms, but a negligence claim may arise in that setting as well. Our Chicago medical malpractice lawyers represent victims and their families
During the childbirth process, negligence by a doctor or nurse can lead to particularly tragic results. Birth injuries include cerebral palsy, shoulder dystocia, brachial plexus injuries, hypoxic ischemic encephalopathy, and other forms of brain and organ damage. A medical malpractice claim arising from a birth injury may result in a substantial award of damages, since the child unfortunately may be forced to cope with the harm caused by the malpractice for the rest of his or her life. The statute of limitations for birth injury cases in Illinois can be as early as one year and as late as eight years, but it is still advisable to take legal action as soon as the negligence is discovered so that the evidence remains fresh.
If your child is injured in a daycare center, state law establishes the duties and responsibilities of the workers and daycare conditions to protect your child from harm. Unfortunately, negligent and inadequate hiring, training and supervision and substandard conditions, including playground equipment, can create dangerous, life-altering and life-threatening situations. Too many children every year are unnecessarily subjected to daycare abuse and neglect that causes unnecessary harm to your child. Parents have the right to seek recovery for any abuse and neglect that caused physical or psychological injury to their child.
Families of people in assisted living facilities may not have time to monitor their care on a daily basis. Many state and federal regulations have been put in place to guard against the possibility of nursing home abuse. The United States Administration on Aging has defined elder abuse as any negligent, knowing, or intentional act by a caregiver that causes harm to a vulnerable elderly person. Some common signs of abuse include bedsores, unexplained bruises or fractures, malnutrition, dehydration, and burns. A nursing home abuse victim or a family who has lost a loved one due to a nursing home's negligence or misconduct may pursue damages.
Public and private transportation accidents are extremely common. In the event that you were hurt in a transportation accident that was caused by negligence, you may be able to recover damages for your injuries if you can show the defendant's duty of care towards you, a breach of this duty, causation, and damages. Generally speaking, anyone behind the wheel is required to use the same level of precaution as an ordinary person in a similar situation. The causation element may be established if the victim would not have been hurt had the defendant met this standard of care.
Toxic substances like mold, dangerous chemicals, asbestos, and radiation can have devastating consequences for people who are exposed to them. In some cases, industrial exposure leads to an individual’s death or serious illness, such as leukemia or lymphoma. In other cases, whole communities may be affected. One of the most common types of exposure to hazardous chemicals comes in the form of groundwater pollution, which can cause health problems for many people in a neighborhood. Toxic and environmental exposure cases tend to be complex, often taking years to resolve.
Like transportation accidents, premises liability cases usually require a plaintiff to prove the elements of negligence. An owner or occupier of land owes visitors a duty of care, which varies according to the legal status of the visitor. Business customers, such as shoppers, hotel guests, and restaurant patrons, are generally owed the highest duty of care. To establish liability, you likely would need to show that the defendant knew or should have known of the dangerous condition and the unreasonable risk of harm to the visitor, should have understood that the visitor would not realize the danger, and failed to use reasonable care to protect the visitor. However, if the dangerous condition was caused by the property owner or its employees, than notice of the dangerous condition is not necessary.
Serving clients nationwide, the knowledgeable injury and product liability lawyers at Moll Law Group represent clients in product liability, medical malpractice, motor vehicle collision, and other accident claims. We also represent individuals in Naperville, Schaumburg, Wheaton, and Cook County, among other areas around Chicago. We also represent clients in product liability cases in many other states, such as Texas, Florida, Pennsylvania, and Michigan. Call us at 312-462-1700 or contact us through our online form to set up a free consultation.