Shay & Associates Blog

Do You Have a Case for Failure to Diagnose?

When you encounter new health symptoms, you may feel confused or nervous. In this situation, you rely on the expert medical knowledge of your primary care doctor, specialist physician, and other healthcare professionals to identify the issue you’re dealing with and recommend the appropriate treatment.

Unfortunately, the critical identification of a disease or condition does not always happen as it should. When a patient does not receive a diagnosis or receives an incorrect diagnosis, the situation is legally known as failure to diagnose.

In some cases, failure to diagnose is a simple mistake that can be corrected by secondary medical staff or tests. However, in other cases, negligence or incompetence on the part of a medical professional means that serious consequences result directly from that professional’s failure to diagnose an illness.

In these cases, the patient whose health, quality of life, ability to work, and prognosis suffered negative effects due to the failure to diagnose may have grounds for a medical malpractice suit. In this blog, we guide you through the primary criteria for personal injury claims of this type.

Why Workers’ Comp Claims Are Denied

After sustaining an injury on the job, workers can seek help through the workers’ compensation program. If approved for workers’ compensation benefits, you may receive payments to make up for your lost wages while you recover. Your medical bills relating to the injury may also be paid by the workers’ compensation claim.

Unfortunately, in some situations, your workers’ compensation benefits are initially turned down. If this happens to you, contact an experienced workers’ compensation attorney. Here are some reasons why your claim may be denied and some ways your attorney can help you.

Work-Related Injuries That Don’t Occur at Work

If you worry about being injured at work or developing a work-related illness, you might feel safer knowing that you’re covered under workers’ compensation insurance if something does happen while you’re at your job.

But what about when you’re injured doing something that’s related to your job outside of your workplace? If your health insurance company decides that your injury was a work-related injury, they may not cover it. Will workers’ compensation cover you? Take a look at what you need to know about work-related injuries that don’t happen in the workplace.

The Hazards of Listeria Infection

Each year, about 25% of all Americans become ill with food poisoning, also called foodborne illness. While some cases of food poisoning are not severe and simply cause gastrointestinal distress for one or two days, others cause complications so severe that the ill require hospital stays or even die. In fact, about 5,000 people die from food poisoning each year. 

In recent years, many packaged foods have been recalled due to listeria contamination. While not everyone who consumes listeria-tainted food will become ill, most who do need to be hospitalized, and some suffer serious medical complications due to their listeria infections. In fact, about 260 people die each year due to listeria infection. 

Read on to learn more about listeria food recalls, the health hazards of a listeriosis, and what to do if you contract listeria from a packed food that has been recalled. 

5 Facts About Workers’ Compensation Everyone Should Know

Have you been harmed in some way while doing your job? If the harm caused you to suffer injury, disability, or disease, you may be eligible to make a claim to recover your medical costs and loss of wages. Your employer’s workers’ compensation insurance is designed to provide this compensation when you meet the requirements.

A few myths float around about workers’ compensation, and some of those myths may cause workers to hesitate before filing a claim for benefits. Here are five facts about workers’ compensation insurance to help you understand the system.

The Dos and Don’ts of Social Media After You’re Injured at Work

Nobody wants to be injured while simply going through an ordinary day at work. Unfortunately, such accidents happen throughout the country each year. Slips and falls, electric shocks, and injuries from workplace hazards are among the common workplace injuries, and in some accidents, people are injured or even killed.

If you’ve been injured at work, seek the advice of an attorney as soon as possible. Be careful with what you share after a workplace accident. While you may want to just post whatever you want to social media, you could ultimately sabotage yourself if you do. Follow these dos and don’ts for posting to social media after you’ve been injured at work.

Injured By a Drunk Driver

What You Need to Know About Compensation

Injuries from a car accident are always challenging. Luckily, there are ways you can get compensation for your medical costs and other sources of lost income. When you’re hit by a drunk driver, seeking compensation becomes even more important.

Injuries involving a DUI driver are often severe. People under the influence of alcohol do not try to slow down or may even drive in the wrong lane, increasing the risk for injury due to unchecked recklessness. If you’ve been hurt by a drunk driver, here’s what you need to know about seeking compensation and identifying the people responsible for damages. 

3 Signs of Nursing Home Neglect to Watch Out For

The decision to put a loved one into nursing home care is a hard one. You may not be able to give your loved one the day-to-day care that they need at home, or they may require specialized medical care. Either way, you have to trust that the nursing home you choose will take care of your loved one the way that you would.

It’s frightening to think that your loved one could be a victim of nursing home abuse and neglect, but it does happen. It’s important to be vigilant about watching for signs of abuse and neglect so that you can advocate for your loved one. Neglect, in particular, can be difficult to spot if you don’t know what to look for. Take a look at some signs of nursing home neglect that you should be watching for.

Defenses and Exceptions to Dram Shop Actions

Under the Illinois Liquor Control Act (also known as the Illinois Dram Shop Act), a person can seek recovery for personal injury, property damage, and either loss of means of support or loss of society, when applicable.  However, the injury must occur in the State of Illinois for a person to bring a cause of action under the Illinois Liquor Control Act. Although the injury must occur within Illinois, a sale of liquor outside of Illinois causing injury within Illinois is also actionable under the Illinois Liquor Control Act.

Dram Shop

Dram shop causes of action typically arise when a person is injured as a result of a drunk driving accident. Not only can the injured person bring a cause of action against the intoxicated motorist, but the Illinois Liquor Control Act (also known as the Illinois Dram Shop Act) allows a person to also bring a cause of action against the person or business who sold the alcohol to the intoxicated person, and the owner of the property where the person became intoxicated, if the business sells the liquor for a profit. Under the Act, the business, such as a bar or tavern, and the owner of the property, may be held liable for damages and injuries to persons that were the result of their patron’s intoxication.  

Shay & Associates Law Firm

With locations in Springfield and Decatur, we’re ready and waiting to fight for you. Reach out to us for a free consultation on your case.

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