Blog | Dinizulu Law Group, Ltd

6 Questions to Ask When Evaluating a Nursing Home

November 14, 2016/in Blog, nursing home neglect/by Yao Dinizulu

Looking after an elderly parent or grandparent can be a full-time job. If you cannot provide for the medical needs of your loved one, then it may be time to consider the benefits of nursing homes.

What Should You Do If You Believe Someone Is the Victim of Elder Abuse?

November 14, 2016/in Blog, Elder abuse/by Yao Dinizulu

By the time they reach the grand old age of 60, our parents and grandparents have earned the right to a peaceful retirement. They should be cared for in a safe, comfortable setting by professionals who understand their needs. Unfortunately, many long-term care facilities do not screen or train their employees well enough – and residents suffer the consequences.

Civil Rights Law & Your Privacy: When Biometrics Use Goes Too Far

November 10, 2016/in Blog, Civil rights law/by Yao Dinizulu

In 2007, Illinois passed the Biometric Information Privacy Act. Biometrics, as you may already know, pertain to unique physical characteristics, such as fingerprints, iris scans, DNA and face geometry, that help identify an individual. Facial recognition technologies have made the collection of biometrics simpler, speedier, and easily accessible.

As a result, various companies can now use biometric identifiers to access one’s finances or other sensitive information. In the case of identity theft, you can change your social security number. Biometrics, on the other hand, are biologically unique to the individual; thus, once it is compromised, the affected person remains at a heightened risk for identity theft. Moreover, companies’ unauthorized use of people’s biometrics can potentially threaten basic aspects of our privacy and civil rights law. This concern spawned the following Act.

Illinois Biometric Information Privacy Act

Per the Illinois Biometric Information Privacy Act (“BIPA”) 2007 Ill. SB 2400, private companies may not obtain and/or possess a person’s biometrics unless the company:

Informs that individual, in writing, that biometric identifiers or information will be collected or stored;
Informs that individual, in writing, of the particular purpose and length of term for which such biometric identifiers or biometric information is being collected, stored and used;
Receives a written release from the individual for the collection of his or her biometric identifiers or information; and
Publicly publishes available written retention schedules as well as guidelines for permanently destroying biometric identifiers and biometric information.

Tech Giants Violate Biometric Information Privacy Act

Unfortunately, tech companies like Google are in violation of each of the above requirements. Google has created, gathered and stored, in connection with its “Google Photos” cloud-based software, millions of “face templates.” These face-templates are highly detailed geometric maps of the face, gathered from millions of Illinois residents. Thousands of these residents are not even enrolled in the Google Photos service. Google created these templates by using sophisticated facial recognition technology that extracts and analyzes data from photos taken on Google Droid devices and uploaded to the cloud-based Google Photos.

Violating BIPA, Google failed to properly inform individuals, in writing, that their biometric identifiers were being collected or stored on Google Photos. Nor did Google inform the affected individuals, in writing, of the particular purpose and length of term for which their biometric identifiers were being “collected, stored and used” as required by the above statute.

But it’s not only Google. Shutterfly is also in blatant violation of BIPA. Shutterfly, like Google, acted illegally in its collecting, storing and utilizing its users biometric information without first obtaining their informed written consent. Specifically, Shutterfly created, collected and stored millions of “face templates” from millions of individuals, many thousands of whom are non Shutterfly users living in Illinois.

Facebook, too, is in violation of BIPA. A recent lawsuit was filed in effort to stop Facebook’s collection, use, and storage of users’ and the Class’s sensitive biometric data. In short, Facebook launched a program in 2010 called Tag Suggestions. Said feature operates by scanning uploaded user photographs and then identifying faces that appear in those photographs. If Tag Suggestions recognizes and identifies one of the faces appearing in the photograph, Facebook will suggest that individual’s name or automatically tag them.

In violation of BIPA, Facebook conceals that Tag Suggestions uses proprietary facial recognition software to extract unique biometric identifiers to identify people’s faces. Facebook does not disclose its biometrics data collection to its users, nor does it even ask users to acknowledge, let alone consent to, these practices. Through these practices, Facebook not only disregards its users’ privacy rights; it also violates the BIPA.

Our Philosophy

Dinizulu Law Group, Ltd. is a practice of experienced civil rights lawyers and we support the protections guaranteed by BIPA. No company, no matter how big or small, has the right to bypass this statute. We hope similar laws will be enacted across other states to protect residents nationwide. Our civil rights law firm works to advance action for such consumer protection issues. Our civil rights attorneys have been recognized both locally and nationally for championing social and civil rights causes.

How Common Is Elder Abuse [DATA]?

November 2, 2016/in Blog, nursing home neglect/by Yao Dinizulu

The growing elder population in the United States has sparked a higher demand for nursing homes. Unfortunately, this has inspired profit-minded entrepreneurs to open retirement homes without the credentials or ethical compass to offer reliable care.

Personal Injury Claim: Recovery Amount Grows with a Life Care Plan

November 1, 2016/in Blog, Personal injury claim, Personal injury law/by Yao Dinizulu

life-care-plan-2 Have you heard of Life Care Planning? Some may think of it as designed to anticipate the needs of the elderly. We typically think of life care planning as a matter of wills and estates. In a personal injury action it outlines the specific losses over a long period of time.

What Goes into a Life Care Plan in a Serious Personal Injury Lawsuit?

Imagine that your family member is in an accident that results in a spinal injury and permanent paralysis. While we all like to think that something like that could never happen to us, it certainly can. According to a 2009 study, approximately 5.6 million people in the United States were suffering from paralysis. Spinal injuries account for almost 25% of mobility loss.

A Life Care Plan drafted by professionals will contain specific information relevant to the needs of the individual. This may include:

●Current and future medical needs, including medication, adaptive furniture, assisted living professionals, rehabilitation, etc.
● Transportation needs
● Recreational opportunities
● Construction modifications to the home to accommodate new equipment/needs

How are Life Care Plans Used by Personal Injury Lawyers?

In personal injury cases, life care plans are instrumental in building your case. They give the jury a lens into you or your loved one’s future needs and the validity of the compensation claim. Professional testimonials from medical doctors, psychologist and counselors and other professionals like economist are brought on to the team of experts, led by your attorney to provide a comprehensive understanding of the present and future needs of a seriously injured client for presentation at a jury trial.

At the Dinizulu Law Group, when we consult a life care planner, we ensure that all your anticipated needs will be taken into account. Our lawyers will make sure that the current and future medical needs are analyzed and supported across all providers. Unlike when Life Care Plans are established outside of litigation, the lawyers must help the Life Care Planner get admissible evidence from all of the team of experts to ensure that a judge will allow the jury to hear all parts of the Life Care Plan. The plan must include future medication, adaptive furniture, assisted living professionals, rehabilitation, transportation needs, recreational opportunities and construction modifications to the home to accommodate new realities like the need for wheel chair access, an elevator lift, and specialized bathing areas for the seriously injured.

We know if you or a loved one experiences a serious injury that you want the best personal injury lawyer on your case. We at Dinzulu Law Group, Ltd have extensive experience in personal injury lawsuits and presenting complicated and individualized Plans to the courts. If you have been injured, contact us today so that we can help you navigate the complex legal processes.

What Are the 7 Most Common Types of Elder Abuse?

October 21, 2016/in Blog, nursing home neglect/by Yao Dinizulu

Nursing home residents and their loved ones expect long-term care facilities to provide reliable care in a safe, comfortable environment. Unfortunately, nursing home abuse and neglect are deplorably common.

Spinal Cord Injury: When You May Need a Personal Injury Lawyer

October 7, 2016/in Blog/by Yao Dinizulu

Earlier this year, hockey player Matt Olsen of the Chicago Cougars was tragically injured during a home game. Olsen, only 20 years old, is now paralyzed from the shoulders down after hitting a rough patch of ice and landing against the boards in a way that caused permanent damage. He has undergone extensive rehabilitation at the Mayo Clinic and doctors believe he may regain some movement in his arms but not much more than that. Despite this limited outlook, Olsen has come a long way, regaining his ability to speak and eat during the several weeks he spent at a Chicago hospital.

The cost of a spinal cord injury is dependent on numerous factors. According to the Christopher Reeve Foundation, a 25 year old person suffering from paraplegia may expect lifetime expenses to reach $2,310,104 while someone diagnosed with a high tetraplegia injury (also known as quadriplegia) can expect to incur an additional $4,724,181 over the course of their lifetime. These numbers reflect the average healthcare costs and the cost of living but do not take into consideration the net effect of lost wages which average over $70 thousand dollars a year. Injuries resulting in lesser degrees of mobility loss still end up costing individuals many thousands of dollars. It goes without saying that a spinal injury resulting in paralysis is not only an emotionally and physically devastating event, but it is financially exhausting as well.

How Will Illinois Laws Help Me Recover Losses?

Sometimes, spinal cord injuries result from freak accidents that could not have been avoided, but more often than not they are the product of negligence, medical malpractice, or even nursing home abuse. Even in the case of Matt Olsen, a prudent personal injury law attorney would question whether the ice had been properly maintained.

Typically, negligence is the backbone of a lawsuit involving spinal cord injuries. To prove a negligence lawsuit, you must show that someone owed a duty to you and that he or she breached that duty. Additionally, you have to prove that the breach of this duty caused your harm and that harm resulted in damages. In Illinois, contributory negligence can be claimed as a defense, meaning that your actions somehow contributed to the incident, but a proper injury claim lawyer help you assert every possible fact to help you get what you deserve.

If you experience a spinal injury, you can recover both present and future medical expenses. Additionally, you can claim lost wages and pain and suffering. An expert team of negligence lawyers is required not only to help you determine what these costs may amount to, but also to justify the numbers to the court through tried and true tools and strategies.

Have You Been Injured Due to Someone’s Negligence?

The Dinizulu Law Group, Ltd has proudly helped our clients claim millions in settlements and verdicts. Our claim attorneys have experience in personal injury cases related to car and truck accidents, wrongful death, nursing home abuse and much more. If you have been paralyzed due to a spinal cord injury resulting from someone else’s wrongdoing or negligence, please contact us today. Pursuing legal action for a spinal injury is complex and requires the analysis of medical data and the facts surrounding the incident. We can help you navigate the complicated legal process to recoup losses owed to you.

Nursing Home Abuse in America

November 12, 2015/in Blog/by Yao Dinizulu

Nursing Home Abuse in America

The population of elderly Americans is growing rapidly as the Baby Boomer generation reaches retirement age and beyond, and the number of people living in nursing facilities has risen accordingly. This has led to the rise of elderly Americans suffering abuse while in the care of these facilities.

There are about 15,700 nursing homes in the United States with more than 1.3 million residents, and this number is growing every day. Of these people an estimated 10% of residents have reported some kind of nursing home abuse within the last year. The Centers for Medicare and Medicaid Services has found that over 90% of American nursing homes had at least one failure to meet federal standards. (The average nursing home was found to have about six.) Even more disturbing, in a government study conducted in 2010, more than half of the nursing home staff surveyed admitted to having abused a resident at their facility within the last year. Nursing home abuse is not a rare problem and it is something that may affect you or somebody you know at some point.

Types of Elder Abuse

Elder abuse takes a variety of different forms. Some of the most common forms include physical, emotional, and sexual abuse. These usually leave obvious signs of some sort, but passive neglect and financial exploitation are also huge problems facing America’s seniors and are much harder for family and friends to identify. It is important for you to stay alert for signs of potential abuse and neglect if you have a loved one living in a nursing facility. Often confusion or shame keeps seniors from reporting incidents of nursing home abuse to their friends and relatives, so families must remain vigilant. This is especially important if the elderly individuals are suffering from dementia. Nearly half of all people over the age of 85 have Alzheimer’s disease or some other form of dementia, and of those approximately 47% have been mistreated by their caregivers.

Warning Signs

The signs of nursing home abuse vary depending on the type of abuse, but generally involve sudden changes in behavior or condition. Besides obvious physical symptoms like bruises, broken bones, abrasions, bedsores, poor hygiene, and unusual weight loss, psychological symptoms can include things like unusual depression, withdrawal from a person’s normal activities, and rapidly occurring changes in alertness or mood. Any unexplained changes in a person’s financial situation should also be of concern.

Resources

As daunting a task as looking out for the best interests of a friend or loved one in a nursing home facility is, both government and nonprofit resources exist to help. The National Center on Elder Abuse, the United States Administration on Aging, the Nursing Home Abuse Guide, and many other organizations exist to provide you with information and support.

Illinois Nursing Home Neglect and Abuse Attorneys

Nursing home neglect and abuse is a growing problem in the United States. If you or somebody you know has suffered from nursing home abuse or neglect you could be entitled to recover monetary compensation for your expenses, injuries, and suffering. The experienced and compassionate attorneys at the Dinizulu Law Group will work with you to determine the best way to handle your nursing home abuse or neglect claim. Contact us to set up a free consultation with one of our experienced attorneys today.

Protecting Your Loved Ones from Nursing Home Abuse: Recognizing Dehydration

In recent years the United States has been seeing a huge growth in Americans over the age of 65. With this, unfortunately, has come a corresponding increase in instances of trusted caregivers taking advantage of some of our country’s most vulnerable citizens. Research studies have shown that victims of nursing home abuse, even in modest or short-term situations, have a 300% increased risk of death than those who have not been victimized. Luckily, by being aware of some of the signs of potential problems faced by the elderly, families can take an active part in protecting their loved ones throughout their golden years.

Dehydration

Dehydration is a serious, potentially fatal risk that is faced by elderly residents of nursing facilities, but also one that is easily treated if recognized early. In a recent study of people in the care of nursing facilities by author Janet Mentes, 31% of the residents examined were found to be dehydrated. This can be caused by medications and certain conditions such as diabetes, but is also a result of changes in the body that occur as people age. Serious, potentially fatal complications can occur from long-term or severe dehydration, including heat exhaustion or heatstroke, cerebral edema (swelling of the brain), seizures, hypovolemic shock (caused by low blood volume), kidney failure, comas, and potentially death. Luckily the early stages of dehydration are easy to treat, and by being aware of the symptoms dangerous medical problems can be avoided.

Mild to Moderate Dehydration

The symptoms of mild to moderate dehydration tend to be fairly innocuous individually, so it is important to take note if you notice several of them occurring at once. They may seem sleepy or irritable, complain of headaches, dizziness, or cramping in their arms and legs. More specific symptoms that show evidence the body is lacking water are a dry, sticky feeling in the mouth and dry skin. Most importantly, as a person becomes dehydrated, his or her need to urinate disappears as the body tries to conserve liquids. If someone can not remember the last time he or she urinated, chances are it was too long ago and more fluids are required. When a person who is dehydrated does pass urine, it will be of a dark color – the darker the color typically the more dehydrated the person is.

Severe Dehydration

As a person becomes progressively more dehydrated, additional symptoms begin to appear. The mucous membranes dry out and the patient begins to develop sunken eyes. Skin will also begin to lose its elasticity and it will no longer “bounce back” when folded or pressed on. In the last stages of dehydration the patient can develop low blood pressure, fever, and a rapid heartbeat and breathing. This can potentially lead to them slipping into delirium and unconsciousness.

Medical Emergency

Severe dehydration is an emergency. It is potentially lethal and requires immediate medical attention, especially in elderly and pediatric patients. If you suspect that you or a loved one is showing symptoms of severe dehydration, contact a medical professional as soon as possible.

Illinois Nursing Home Neglect and Abuse Attorneys

Nursing home neglect and abuse is a growing problem in the United States. If you or somebody you know has suffered from nursing home abuse or neglect, you could be entitled to recover monetary compensation for your expenses, injuries, and suffering. The experienced and compassionate attorneys at the Dinizulu Law Group, Ltd. will work with you to determine the best way to handle your nursing home abuse or neglect claim. Contact us to set up a free consultation with one of our experienced attorneys today.

Divvy: New Options Bring New Hazards

November 8, 2015/in Blog/by Yao Dinizulu

Divvy: New Options Bring New Hazards

Bike sharing has become a growing trend in urban transportation. Opening for service in June of 2013, Divvy was the city of Chicago’s answer to this new mobility option. With a system of close to 5,000 bicycles and 476 stations, and a daily ridership of around 13,000 people, chances are you have seen some of these blue and white bikes around town already.

With Divvy, riders purchase either a yearly membership or a day pass that will allow them to unlock bicycles from the rental stations around town, then when they return the bike to a station they are billed according to their usage. Divvy does not, however, provide helmets or safety information, and it requires users to sign a thorough rental agreement with the company. Among other things, this agreement indemnifies Divvy and the city of Chicago from any liability resulting from the use of the service, and makes the renter financially responsible for the full replacement cost ($1,200) of the bike if it is stolen or irreparably damaged.

Bicycle Accidents

Illinois is fifth in the nation in the yearly number of bicycle deaths, and the most recent statistics provided by the city of Chicago report nearly 9,000 bicycle crashes resulting in injuries and 32 fatalities within a six year period. While these crashes only make up a small number of the total bicyclists navigating Chicago’s streets on a daily basis, bicycle accidents have a high likelihood of resulting in head injuries which can lead to lifelong medical issues. A sobering statistic from the motorcycling community that is relevant to bicyclists too is that 61% of damages that occur to the head area of riders involved in crashes occur in places that are not covered by half-helmet
-style protection, such as bicycle helmets.

Bicycles and Traffic Laws

In the state of Illinois bicycles are considered a vehicle and are held to the same traffic laws that cars are. This means that not only do bicyclists have to follow the same rules of the road as cars, but they are also held to the same liability standards as cars. If a bicyclist causes a wreck, they are financially responsible for whatever damages result. While nobody can argue that a car will not cause a lot more property damage than a bicycle can if the two get in a collision, the proliferation of molded plastic body panels in modern automotive manufacturing makes it where even a small amount of damage can cause thousands of dollars in repair bills. This is one of the reasons that there are movements in many areas to require bicycle riders to be registered, insured, and licensed to operate on the public roadways.

Insurance Options

Insurance for bicyclists generally breaks down into three categories:

● Medical insurance for the rider
● Uninsured motorist coverage
● Liability insurance

There are companies that offer bicycle-specific insurance policies, but these are uncommon in the United States at this time. Certain insurance policies you already have may cover certain things to some extent. A standard automotive insurance policy UIM rider may cover the insured when they are on a bicycle, and many homeowners’ and renters’ insurance policies will cover the insured for liability instances up to established policy limits. Regardless of if you get your insurance through a specific bicyclist policy or through riders on other insurance policies, it is important to make sure that you are properly insured to protect yourself from whatever eventualities we all hope will never occur.

Illinois Personal Injury Attorneys

If you or somebody you know has been hurt in a bicycle accident you could be entitled to recover monetary compensation for your expenses, injuries, and suffering. The experienced and compassionate attorneys at the Dinizulu Law Group will work with you to determine the best way to handle your personal injury claim. Contact us to set up a free consultation with one of our experienced attorneys today.

DLG Settles with Durable Medical Equipment Company!

October 16, 2015/in Blog/by Yao Dinizulu

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Dinizulu Law Group Settles Wrongful Death Suit for $1.6M

The attorneys at the Dinizulu Law Group, Ltd recently partially settled a Wrongful Death lawsuit against a Durable Medical Equipment company for $1.65 million. The case is still ongoing against Ingalls Hospital and the physicians that discharged him improperly.

Sixty-six year old Brian Jackson, a married father of 6 adult children, was admitted to Ingalls hospital on March 18, 2009 with past cardiac disease and decreased respiratory function. Jackson underwent heart valve replacement surgery while at the hospital.

Jackson was in need of oxygen for survival upon discharge and was given an “Easy Pulse 5” portable oxygen tank with a conserver device on it by a Durable Medical Equipment company. It was delivered by a vendor selected by Ingalls Hospital. Our attorneys were able to uncover that this conserver device sat in the driver’s trunk for 11 days.

This is incredibly important because unlike a continuous flow oxygen tank that Jackson had been using, he was instead given an oxygen tank that had a “conserver device” on it. Unlike a “continuous flow” device, oxygen on a conserver device delivers oxygen by “intermittent flow,” or discharges oxygen only when the patient inhales. This can drastically effect oxygen saturation levels in a manner that is different and lesser than, continuous flow oxygen delivery systems.

The conserver device used by the Durable Medical Equipment is also known as a “pneumatic device”. This means that unlike other temporary oxygen devices on the market, the device does not run electronically from an outside power source. Instead, the tank is literally always “on.” As a result, this self-powering device is always losing psi (or the amount of life sustaining air in the portable oxygen device) because it is always “venting,” even when not in use.

It is as if, instead of being able to turn off your car while in the garage, the car ran all the time. If the car is left in the garage long enough, the tank runs out of gas. The same is true of the device at issue here; if left inert too long, the product vents psi and the tank becomes empty.

In this case, this means that over the 11 day period before it was given to Jackson, the tank would’ve been depleting. The loss of “psi” or depletion of air supply is a point that the Durable Medical Device company and Ingalls Hospital through their agents and contractors failed to identify and was in violation of the applicable procedures and standards of care in the industry.

From Jackson’s initial hospital discharge to arriving home, approximately 40-45 minutes had elapsed.

Durable Medical Equipment was the entity that was to also deliver the home oxygen (i.e., large tanks that provided continuous flow oxygen and that were not equipped with conserver devices) to Jackson after he arrived home. At approximately 6:50 p.m. —to 7:00 p.m., Jackson started to feel hot. He took off his shirt and was fanned by a family member. Jackson had complained about being hot in the past, so this was not surprising to the family.

Minutes later, Jackson began to have difficulty breathing. He complained that the tank was empty and then began to make sounds like he was having an asthma attack .

The family called the EMT. According to the EMT report, the EMT arrived at the house six minutes later, at 7:12 p.m., and Jackson was taken back to Ingalls Hospital where he was pronounced dead.

This was a tragic death that should have never happened. While this settlement will never bring back Mr. Jackson to his family, it will help them heal by knowing those responsible for his death are being held accountable.