Medical Malpractice Attorney - 5 Questions to Ask When You

Medical Malpractice Attorney - 5 Questions to Ask When You Are Interviewing an Attorney

Finding a Chicago medical malpractice attorney is no easy task. In a city the size of Chicago there are plenty of lawyers to choose from. The Chicago medical malpractice attorney you choose has to be the right one for you, your family and your case. Do not be swayed by the lawyer with the largest ad in the phone book or even the best television commercials: these are not indicators of the type of lawyer you will be getting - in fact, these lawyers typically refer their cases to other lawyers. It will not be easy to find the perfect Chicago medical malpractice attorney to fit your specific needs, but there are ways to ensure you do not end up with a person who is not qualified to handle your case.

There will be a malpractice attorney that tries to make assurances about your case. Be wary of the fast talking types that are quick to tell you they can get you large amounts of compensation for your case. Remember, in Illinois medical malpractice cases, only a doctor in the appropriate field of specialty can certify that a case has merit.

One of the first things you must know before even considering sitting down with a medical malpractice attorney is if your situation fits the criteria for medical malpractice. Legally the term "malpractice" is defined as negligence or the failure of a professional to perform their duties according to the acceptable rules and guidelines of that profession. Suspecting malpractice and proving it are two different things.

If there is cause for you to believe that a loved one has suffered permanent injury or death due to negligence of someone in the medical profession you should seek an opinion from an experienced lawyer with the ability to investigate your case and get you the answers you need. The following guidelines will help you in the interviewing phase of your search for a medical malpractice attorney.

Here are five questions to ask in each interview:

1. Who will be the attorney handling my case? The person you want to talk to is the person who will actually be handling your case: conducting the research, drafting the legal documents, deposing the witnesses, investigating the action, trying the case. You do not want to hire a law firm and later realize that someone other than the person you interviewed is handling your case.

2. What are your specific qualifications in this area? You will want to know that the attorney has handled similar types of cases in the past with success. Try to find an attorney that concentrates in medical malpractice cases.

3. Do you belong to any organizations that are related to medical malpractice? Attorneys that handle medical malpractice often are very passionate about this issue and they belong to groups, professional associations, and non-profit organizations in malpractice-related areas. They will be the ones with the most experience and passion.

4. What do you charge for your services? An experienced lawyer should handle your case on a "contingency fee" basis - meaning that if you do not win, the lawyer gets nothing and you owe the lawyer nothing.

5. Do you have any references? Do not be afraid to ask for references - in particular, from past clients.

Although finding the right attorney for example, somekeyword, is can be difficult, it is worth the effort to get the most qualified candidate for your situation. Feel free to come up with more questions that will get you greater insight into his practice and character.

Asbestos Induced Pulmonary Disease And The Mesothelioma Plague

Asbestos is a naturally occurring mineral that has been widely used throughout the industrial world. It only becomes dangerous when it is broken into tiny particles or fibers and inhaled or swallowed. One interesting study exploring the link between exposure and lung disease is called, Asbestos stimulates IL-8 production from human lung epithelial cells by GJ Rosenthal, DR Germolec, ME Blazka, E Corsini, P Simeonova, P Pollock, LY Kong, J Kwon and MI Luster - Environmental Immunology and Neurobiology Section, National Institute of Environmental Health Sciences, Research Triangle Park, NC 27709 - The Journal of Immunology, Vol 153, Issue 7 3237-3244. Here is an excerpt: Studies have indicated that soluble products, including chemotactic factors, released by activated lung macrophages and fibroblasts are critical mediators in the pathogenesis of asbestos-induced pulmonary fibrosis. We provide evidence that mediators produced by lung epithelial cells in response to asbestos may also contribute to lung disease. In the present study, the carcinogenic and fibrogenic fibers, chrysotile and crocidolite asbestos, were shown to directly stimulate the human pulmonary type-II epithelial cell line, A549, and to a lesser degree primary human bronchial epithelial cells, to elicit the chemotactic cytokine IL-8 in the absence of endogenous stimuli such as IL-1 and TNF.

That the membrane signaling events responsible for asbestos-induced IL-8 production are distinct from those responsible for IL-8 induction by cytokines was confirmed by using membrane- stabilizing agents and protein synthesis inhibitors. Stimulation was not observed with nonfibrogenic fibers, wollastonite and titanium dioxide, and was the direct result of asbestos-induced initiation of transcription. Asbestos failed to stimulate the release of TNF, IL-1 beta, or monocyte chemoattractant protein-1 in A549 or primary bronchial epithelial cells, indicating that cytokine secretion by asbestos is highly selective. However, a slight release of IL-1 alpha, probably preformed, was released in human bronchial epithelial cells. These data suggest that epithelial cells may, in addition to macrophages and fibroblasts, be an important effector cell in the immunopathogenesis of asbestos-associated diseases and in particular, in the neutrophilic infiltration that is commonly observed after asbestos exposure.

Another interesting study is called, Asbestos fibers mediate transformation of monkey cells by exogenous plasmid DNA by J D Appel, T M Fasy, D S Kohtz, J D Kohtz, and E M Johnson - PNAS October 1, 1988 vol. 85 no. 20 7670-7674. Here is an excerpt: Abstract - We have tested the ability of chrysotile asbestos fibers to introduce plasmid DNA into monkey COS-7 cells and the ability of this DNA to function in both replication and gene expression. Chrysotile fibers are at least as effective as calcium phosphate in standard transfection assays at optimal ratios of asbestos to DNA. After transfection with chrysotile, a minor percentage of introduced plasmid DNA bearing a simian virus 40 origin of replication replicates after 24 hr. Fragmentation of entering DNA is more prominent with asbestos than with calcium phosphate, and after 72 hr most DNA introduced by asbestos is associated with chromosomal DNA. Cells transfected with plasmid p11-4, bearing the p53 protooncogene, express this gene. Cells transfected with pSV2-neo express a gene conferring resistance of antibiotic G418, allowing isolation of colonies of transformed cells after 18 days. The introduction of exogenous DNA into eukaryotic cells could cause mutations in several ways and thus contribute to asbestos-induced oncogenesis.

A third study is called, Concentrations and dimensions of coated and uncoated asbestos fibres in the human lung. By A Morgan, A Holmes - Br J Ind Med 1980; 37:25-32. Here is an excerpt: Abstract - Concentrations and length distributions of uncoated and coated amphibole-type fibres in samples of human lung taken at necropsy were measured by optical microscopy using the membrane filter technique that enables fibres with diameters down to about 0.2 micron to be detected. The subjects included 10 who died with mesothelial tumours, three with lung cancer, and eight of other causes. Measurements of fibre concentrations are compared with those of other workers. It can be deduced from the length distributions that fibres less than 5 microns long are cleared from the lung more efficiently than longer ones. The clearance of short fibres appears to be inhibited in subjects with asbestosis, however. The length distributions of uncoated and coated fibres were dissimilar. In general, few fibres less than 10 microns in length were coated and few greater than 40 microns in length were uncoated. The probability of a fibre of given length, however, becoming coated varied considerably from subject to subject. Possible reasons for this are discussed.

If you found any of these excerpts interesting, please read the studies in their entirety. We all owe a great debt to these researchers for their important work.

Medical Malpractice and Standard of Care

If you suspect that a medical professional has breached the minimum standard of care, consult an experienced somekeyword right away.

For any person seeking medical care, there are clear and reasonable expectations: that the treatment will improve their condition, if improvement is possible; that the professionals at the healthcare facility are properly trained and licensed; that they uphold the standards of their profession in the delivery of care. Also, that the facility is hygienic and well managed.


These expectations are basically the same thing as the -standard of care- that plays a key role in medical malpractice litigation. When a facility such as a hospital or health care providers - physicians, nurses, therapists, chiropractors, psychiatrists and mental health counselors - fail to live up to these standards, it opens the door to serious medical errors that lead to injury.


Those standards are not mere hopes or perceptions. While medical care involves many variables in the patient's condition and type of care being prescribed, tort law has established specific markers for prudence and caution in health care delivery. These are established according to science, recent health care delivery data, and the collective and collaborative opinions of peer professionals.


The definition of the term comes with several important considerations:

Physicians are required to inform patients of any risks associated with care they are about to (or have the option of) receiving. If the risk is not discussed and there is an adverse outcome, there may be cause for a medical malpractice lawsuit.

The health care provider should acknowledge when there is more than one potential course of care, including to do nothing. All options should meet the accepted standard of care.

Standard of care might differ by geography. However, in a major metropolitan area the community medical standards are generally the highest (compared to what is available in remote, rural or third-world environments).

-Standard- is not the same thing as -average.- The latter suggests some care acceptably falls above and some falls below a certain level of treatment. Healthcare is somewhat democratic - there is a minimum level at which all patients can reasonably expect to be treated, including in publicly funded facilities.


A breach of standards, coupled with linking that breach to a medical error that caused injury to the patient, are the key components of a medical malpractice lawsuit. If you believe that each of these occurred in your own healthcare, contact a qualified medical malpractice attorney to discuss your case.


R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.


Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Deadly Mesothelioma Symptoms Could Be Mistaken For Common Cold

Because mesothelioma symptoms resemble those of common aliments, victims of the rare cancer are often misdiagnosed. As a result of such misdiagnosis, most cases of mesothelioma are not detected until the cancer is in an advanced stage, making it difficult to treat. If you are experiencing these symptoms, contact us for more information and resources about mesothelioma.

What is Mesothelioma?
Mesothelioma is a rare form of cancer that attacks the mesothelium, a protective sac that lines the lungs, stomach and heart. Mesothelioma is the only form of cancer directly caused by asbestos exposure.

What is Asbestos?
Asbestos is a naturally occurring mineral composed of multiple strands of durable fibers. Because of its durability and strength, asbestos was widely used in maritime, industrial, automotive and building products during the 1940s, 50s, 60s and 70s.

Although asbestos is not harmful in its natural state, once it is broken down or disturbed, the fibers separate, forming a toxic dust that can be easily inhaled through the nose and mouth. If ingested, the fibers can become lodged into the lining of the lungs, stomach or heart. Over a period of time, the fibers can cause severe irritation, leading to the development of mesothelioma cancer.

Asbestos Was Widely Used Until the Early 1980s
Because the effects of asbestos were not discovered until the 1970s, regulations banning its use were not enforced until the early 1980s. This means that many products found in our homes, schools, vehicles and boats still may contain asbestos-laden products.

One of the reasons the fatal effects of asbestos were not revealed until the 1970s, is because symptoms can take up to 50 years to develop. Thus, many individuals who unknowingly worked with asbestos-containing products before the 1980s, such as navy veterans, construction workers, miners, painters, mechanics, shipbuilders and steel mill workers are just now showing symptoms of mesothelioma cancer and other asbestos-caused diseases.

Have You Been Exposed to Asbestos?
If you think you may have been exposed to asbestos in the workplace, at home or at school, or if you are experiencing any of the symptoms mentioned above chronic coughing, shortness of breath, weight loss, fatigue, abdominal pain or chest pain you should contact your physician immediately for a full examination.

How a Mesothelioma Attorney Can Help
If you think you may have been exposed to asbestos, contact us immediately to speak to an experienced asbestos attorney who will evaluate your case and will guide you through your legal claim.

If you have been diagnosed with mesothelioma cancer, our qualified mesothelioma attorneys will help fight to ensure you get the compensation you need for medical bills, lost wages and any emotional pain and suffering caused by the disease. Our attorneys understand the harmful effects of asbestos and will aggressively, yet compassionately fight to protect your rights.

Cumulative Asbestos Exposure And Railroad Workers

Mortality and death rates increase as cumulative exposure to asbestos increases. One group of employees that have been closely studied are those in the railroad industry.

One interesting study is called, Mortality among asbestos-exposed workers in a railroad workshop. By Ohlson CG, Klaesson B, and Hogstedt C. - Scand J Work Environ Health. 1984 Oct;10(5):283-91. Here is an excerpt: Abstract - The mortality experience of a cohort of 3 297 railroad maintenance shopworkers exposed to asbestos was investigated. The study period was 1951-1980, and the vital status was assessed for 99.6% of the men. Individual estimates of cumulative asbestos exposure were based on detailed records on work tasks and divisions. Dust measurements were scanty in earlier decades, and estimates of average fiber levels were therefore based on information on the amount and kind of asbestos used, job descriptions, and interviews with older workers. The overall mortality was lower than expected from the national death rates (standardized mortality ratio = 82). The mortality from lung cancer increased as cumulative exposure increased in consistent dose-response relationships. Employment times of less than 30 years in workplaces with moderate levels of mainly chrysotile asbestos was not associated with any apparent increase in the risk of lung cancer. A subgroup exposed for more than 30 years in workplaces repairing steam engines, where amphiboles were used as well, had a standardized mortality ratio of 192 for lung cancer. This figure may be an underestimation due to healthy worker selection and fewer smokers than normal. The "true" standardized mortality ratio was estimated to be about 300. Five cases of mesothelioma were observed.

A second study that is interesting is called, Cellular ingestion, toxic effects, and lesions observed in human bronchial epithelial tissue and cells cultured with asbestos and glass fibers by Aage Haugen, Paul W. Schafer, John F. Lechner, Gary D. Stoner, Benjamin F. Trump, Curtis C. Harris - Radiation Oncology Investigations - Volume 30 Issue 3, Pages 265 272. Here is an excerpt: Abstract - Although exposure to asbestos has been shown in previous epidemiological studies to synergistically increase the risk of bronchogenic carcinoma for cigarette smokers, the pathobiological mechanism(s) responsible for the cocarcinogenic action of asbestos is not known. Therefore, the effects of asbestos fibers on normal human tracheobronchial epithelium are of interest. Asbestos fibers, i.e., amosite, crocidolite and chrysotile (UICC samples) and glass fibers were initially assayed for their cytotoxcity. Bronchial epithelial cells exposed to either asbestos or glass fibers displayed inhibition of cell growth as a function of fiber concentration. When compared to glass fibers, asbestos fibers caused a statistically significant (p

Medical Malpractice And Prescription Malpractice

The scope of prescription malpractice can encompass more than one area of personal injury law. One type of case where a prescription malpractice lawsuit may occur is the unfortunately all-too-common incident where an incorrect medication is administered to a patient resulting in irreversible injury or wrongful death. The reasons this error happens include the fact that many medications have names that sound very similar, and that labels on mediation bottles are not large or clear enough to be easily read.
A variant of this scenario happens when the correct medication is given, however, it was dispensed in an unsafe dosage, via the wrong route in, or on the body, or in an unsafe frequency. In all of these situations, professional medical personnel such as the nurse, nurse practitioner, and/or the attending physician, physician assistant, and/or the medical facility, and the pharmacy would be the parties involved in a resulting medical malpractice lawsuit filed by a somekeyword.
On a much larger scale, a medical malpractice attorney (also called a somekeyword) deals directly with the Pharmaceutical manufacturers and the Federal Drug Administration (FDA) in another type of prescription malpracticelegal action. This article will focus more on this second type. In this sort of case, a patient is harmed or killed by a drug despite the fact that the drug was approved by the FDA after their declared review of data gleaned from thousands of patients involved in hundreds of national and international clinical trials.
Unfortunately, the data that the FDA reviews for approval can be incomplete at best and purposefully manipulated with dangerous data omitted at worst. One of the most egregious examples of this is with the anti-inflammatory drug Vioxx which was permanently recalled due to its putting users at risk for heart attack. A whistle blower for the Pharmaceutical Giant who manufactured the drug later reveled that data about the heart attacks had been know long before the drugs approval and had been hidden from the FDA.
Many hundreds of patients are victims of errors from prescription medication mistakes and from dangerous prescription drugs. Protect yourself and your loved ones by being proactive: When a nurse brings medication, dont just take it without asking what it is, and what it is for. Always speak to a pharmacist when picking up a new prescription. Ask about interactions with other medications, dont take it for granted that the computer has checked for and caught all possible contraindications. Know what the possible serious side effects are for a new drug, and be aware of your body after taking your first dose. Above all else, trust your gut instincts, if you feel like something is wrong, dont ignore it; contact your health care provider right away.
In the event of serious injury or death as a result of the negligence of a health care professional, be certain to locate an experienced medical malpractice attorney who specializes in prescription malpractice to represent you.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

An Introduction To Mesothelioma

What is Mesothelioma? It is a simple question with a surprisingly complex answer. Let's take a look at some of the basic and key aspects of Mesothelioma that you need to know.

Where do we begin when discussing Mesothelioma? The first thing to understand is it is a very scary form of cancer. It is often described as a very aggressive and fast growing cancer, but this is incorrect. It is actually very slow growing, but is also one of the most deadly. How can these two statements be true? It boils down to diagnosis. The cancer is extremely hard to diagnose and may grow for 40 years or more without being noticed. When it is finally discovered, the Mesothelioma is often so far along that there is nothing that can be done to save the patient.

Ah, but what is it exactly? There is a lining found in the middle and upper body known as the mesothelium. This lining acts as a protective shield for the organs in the body. It consists of two layers with a lubricant between them. This allows organs to move without being damaged, to wit, the heart to beat, the lungs to inhale and exhale, the stomach to expand and so on. As the name suggest, Mesothelioma is a cancer of this lining. Since the lining is, well, everywhere, the cancer can spread throughout the middle and upper body without being seen.

There is no Mesothelioma cancer per se. Instead, it is a term used to refer to a subset of cancers that are defined by where they strike the body. Pericardial Mesothelioma is a cancerous growth of the mesothelium surrounding the heart. Peritoneal Mesothelioma is a cancerous growth in the mesothelium in the abdomen area. Pleural Mesothelioma is a cancerous growth of the lining in the upper chest around the lungs, and is the most common form of this cancer. There are also other very rare forms of the cancer that might strike areas like the groin. They are so rare, however, that we don't get into them here.

One can't mention Mesothelioma without discussing asbestos. Asbestos exposure is the most common cause of the cancer, so much so that a partial ban of asbestos has occurred in the united states and many other countries. Asbestos is a wonder material because it is very heat resistant and very hard to light on fire. Given this, it has been used wherever heat or fire was a concern. This includes everywhere from car brakes to boiler rooms in navy ships to insulation of water pipes bringing water to cities and towns as well as popcorn ceiling spray on your roof and tile ceilings in elementary schools. Most asbestos products are harmless. It is only when they are damaged and asbestos fibers get into the air and are breathed into the body that the risk of Mesothelioma goes through the roof.

What is Mesothelioma? It is a form of cancer that is very deadly and scary, one that is associated with exposure to asbestos.