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July 2018 Archives

Rotator-cuff injuries: What to know when your shoulder is injured

While it's not always the most serious of injuries, an injury to the rotator cuff can be life-altering. The rotator cuff is a group of muscles that help you rotate and move your shoulder joint. When any of these are injured, you may feel pain or have weakness that makes it impossible to use your arm normally.

Popular blood pressure medication recalled due to cancer risk

People take prescription medication to address serious medical conditions. In most cases, these drugs work as promised and can help people treat symptoms or even cure diseases. However, manufacturing errors in medications can put consumers and patients at severe risk. A recent international drug recall involving a potentially life-saving medication highlights this risk. A popular off-patent drug designed for decreasing blood pressure and reducing the risk of heart failure has been recalled in 22 countries due to the risk of cancer. However, patients in the United States will find that this drug is still readily available, as the Food and Drug Administration (FDA) has not, at this time, recalled recent batches of the drug.

Hospital-Patient Incident And Risk Reports May Not Be Discoverable In Illinois Medical Negligence Claims Against Hospitals, Physicians, and Medical Professionals

On June 28, 2018, the First District Illinois Appellate Court in the case of Daley v. Teruel and Ingalls Memorial Hospital, 2018 IL App (1st) 170891 reversed an earlier ruling in the trial court that ordered the production of incident reports. The Appellate Court ruled instead that the Patient Safety and Quality Improvement Act (42 U.S.C. §299b-21 et seq. (2012)) and Illinois Medical Studies Act (735 ILCS 5/8-2101 et seq. (2016) provided privilege for incident and risk reports because they are created as "patient safety work product". The Court's ruling found that both the U.S. Congress and Illinois Legislature had created a "safe haven" to analyze voluntarily created materials to improve patient outcomes and patient safety. Therefore, reports and materials intended to be submitted to certified-Patient Safety Organizations are privileged from being turned over in discovery in civil litigation regarding patient claims of medical negligence.

Seasonal Employee Injured during Temporary Off-Season Work: What Are Claimant's Relevant Earnings In Determining His Compensation For An Injury?

Two sections of Illinois Workers Compensation Act deals with calculating the amount of wages that are due to an injured employee upon injury. Section 10 of Illinois Workers Compensation Act discusses how an Average Weekly Wage is calculated to determine the rate of compensation. This section in part provides that "Average weekly wage means the actual earnings of the employee in the employee in which he was working at the time of the injury during the 52 weeks ending with the last day of the employee's last full pay period immediately preceding the date of injury". This section further provides that "when the employee is working concurrently with two or more employers, and the respondent employer has knowledge of such employment prior to the injury, his wages from all such employers shall be considered if earned from the employer liable for compensation". 820 Ill. Comp. Stat. Ann. 305/10

The link between birth injuries and defective drugs

Giving birth to a child who suffered from birth injuries can be a difficult experience, as it can be something that has repercussions for the rest of the child's life. While some birth injuries can be a consequence of unavoidable complications during delivery, many scenarios can be traced back to medical errors, negligence or defective drugs.

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