Volume 4. Issue 2 October 2011

in this issue

Injured at the Hospital...How Do I Prove MyCase? Chicago Crosswalks...A Danger Zone? New DLG Reception Photos DLG Law School Lecture Series Follow us on Facebook and Twitter We Love Referrals!

Injured at the Hospital...How Do I ProveMy Case?

August 10, 2006, started off as a typicalSunday for Mr. Bodine. He had just gottenout of church - playing his guitar in thechurch choir. Not only did Mr. Bodine loveplaying his guitar, but he was proud ofplaying his guitar on Sundays at his church. Leaving the church, he traveled home withhis brother-in-law and fellow church memberto relax for the rest of the day. Unbeknownstto him, his life was about to change in aninstant. Out of nowhere - a driverbroadsided the vehicle Mr. Bodine was apassenger in. He was rushed to the emergency room fortreatment. His blood pressure was elevated.He had severe pain in his back, chest andright shoulder. The emergency room doctors

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ordered a routine cat scan with contrast dyeto rule out any broken bones and determinethe source of his chest complaints. While in the CT room, Mr. Bodine was givenan IV in his left arm that wentsubcutaneous. His arm began to balloon upquickly after receiving the IV. During theadministration of the contrast dye (asubstance used to provide doctors a contrastbetween what they are observing by makinga temporary more visible backdrop), theneedle used to deliver the dye was notinserted properly into Mr. Bodine's vein.Mr. Bodine protested to the technician,reporting pain, but was ignored. Despite hisprotesting and contrary to the standard ofcare, the technician continued the process,administering a full dose of the dye into hisskin rather than in his vein. Throughout the night, Mr. Bodine tossed andturned - his arm was cold and swelling andhe was in a lot of pain. The IV infiltrate wasgetting worse. After 12 hours of neglect, Mr.Bodine was finally seen by a hand surgeon.Within fifteen minutes of seeing him, thesurgeon ordered an emergency fasciotomysurgery. When an IV infiltrates under a person's skinbecause it has not correctly gone into thevein, the limb will swell, often timesresulting in necrosis or dead skin due to thepressure buildup. At that point, the only wayto relieve the pressure and stop the tissuenecrosis is to have the limb cut open and leftopen to allow the swelling to go down. Thisis called a fasciotomy, which often leaves ahorrific zig zag scar. Recently, Yao Dinizulu of the DinizuluLaw Group, Ltd. was successful inhaving summary judgment granted insuch a case. Summary judgment is a

procedural process of determining whetheran issue or even an entire legal case shouldbe disposed of as a matter of law. It is wellknown that summary judgment isuncommon in negligence cases. Summaryjudgment, however, is even moreexceptional in medical malpractice cases,because an expert opinion is required tosustain that there was a breach of thestandard of care. When you have twodueling experts on the appropriate standardof care and whether there was a deviationfrom that standard, the courts will notdecide as a matter of law who is right-thatissue will go to the trier of fact. So how does a plaintiff win summaryjudgment? Many healthcare corporations have begun toreplace Registered Nurses (RNs) withLicensed Practitioner Nurses (LPNs) and/orCertified Nursing Assistants (CNAs), who arecheaper to employ, often less experienced,and have minimal training. Furthermore, anRN has a heightened duty with regard topatient safety. According to the California NursesAssociation, "Perhaps most critical topatient safety is the independentauthority of an RN. In an era when somany healthcare corporations placeeconomic goals ahead of quality care,the RN is specifically ordered to protectthe safety and well-being of the patientregardless of the economic interest ofthe employer." At a deposition, nurses unlike manyphysicians, are less likely to contest whatthe standard of care is or what the medicalcommunity states the minimum level of carea patient should receive. Furthermore, insome rare cases nurses may be more likely

to admit that the care provided was not upto the minimum standards expected in themedical community. Through skilledcounsel, a plaintiff is more likely to getthe proper standard of careacknowledged and that there was adeviation from acceptable practices inthe care provided a patient. The admission of a nurse to a breach ofacceptable practices in the medicalcommunity will likely be considered anadmission of the employer in many casesthe Hospital. With this testimony younow have your ammunition for a motionfor summary judgment.

Chicago Crosswalks....A Danger Zone?

According to a new city study, about 80percent of vehicle-pedestrian crashes inChicago occur at intersections and commonlyinvolve people crossing the street with thewalk signal. The exceptionally high rate of pedestriansbeing struck, predominantly by turningvehicles, while they are inside the presumedsafe haven of crosswalks was an unexpectedfinding that will prompt increased policeenforcement of the No. 1 cause of pedestrianaccidents - drivers failing to yield.

The city's most detailed analysis of crashes todate revealed a rising number of hit-and-runsas well as other alarming trends over afive-year period, touching all parts of Chicagofrom the Magnificent Mile to some of thepoorest and most crime-plaguedneighborhoods. A band of areas extending from the Loop andNear North Side on the east to the Austinneighborhood on the west showed the highestnumber of pedestrian crashes. A 2-milestretch of 79th Street contained four of thetop 20 crash intersections. A total of 12high-crash corridors were identified in Chicagoneighborhoods,information that city officialsplan to use to tame unsafe streets. Vehicle-pedestrian crashes still number about3,000 a year in Chicago. The study found that78 percent of all crashes and 80 percent offatal and serious crashes occurred within 125feet of the midpoint of an intersection - atcrosswalks or nearby. A 2010 state law requires drivers to stop forpedestrians in crosswalks. The previous lawrequired drivers to yield and stop whennecessary.

New DLG Reception Photos!

DLG's 2011 Community and Client

Appreciation Reception was a hit! We appreciate everyone for coming out andhelping to make it such a successful event. Thank you to SideBar Grille for providing theappetizers; Alliance Bakery for hand-craftingour cake; and Buddies Liquors for providingthe refreshments. Check out the photos from the event here!

DLG Law School Lecture Series

Attorney Yao Dinizulu will be heading out on aa lecture series at several law schools in theChicago area to teach law students how to runa practice. According to the American Bar Association,more than 60% of lawyers in the US are solopractitioners, yet there is a scarcity of help foryoung lawyers to learn how to create andsustain their practices. Check our Facebook fanpage for more detailsof dates and locations. If you're a law student or administrator andwant us to come visit your school, e-mailMelissa Soria at soria@dinizululawgroup.com.

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We Love Referrals!

If you know a relative or a friend who hasbeen injured, tell them about us. We are here to advocate for fair and equitablecompensation for victims. We appreciate thetrust you have placed in us.