With every signature, every click and broken seal, you are potentially waiving a fundamental right—to have your dispute resolved by a jury. The American Association for Justice (AAJ), I am a former Parliamentarian, recently published a report revealing the extent to which American jurisprudence, federal statutes, and corporations have conspired to force consumers to arbitrate their claims rather than bring them to court (view here).
Personal injury plaintiffs have the most to lose in this equation. Arbitrations traditionally favor the defendant in form and procedure. For instance, many nursing homes and assisted living facilities will include a binding arbitration agreement in admission or resident agreements. However, when a loved one is entering into this transaction, they are hardly attentive to their rights in the event that they fall victim to professional negligence, rather they are concerned about the level of health care in their new home.
Consumers need to look at the fine print, especially when they could be injured at the hands of another. Don’t be afraid to ask about the details of the transaction and even reject the arbitration agreement. In many cases, it may not be a condition of providing goods or services but you certainly won’t know until you ask; it is always the best time to consult your attorney, before you give up your rights.
Stunningly high healthcare costs are a constant topic of public debate. The blame gamers cast aspersions far and wide targeting the claimed impact of medical malpractice lawsuits. Time and time again independent studies have disproved this theory. Most recently Johns Hopkins University published a study that demonstrates what little impact medical malpractice claims have on healthcare costs. Studying six years worth of data compiled by the National Practitioner Data Bank, researchers found that high verdicts and settlements in medical malpractice cases account for less than one percent of the annual amount expended on healthcare in the U.S. The data showed that plaintiffs predominantly recovered high verdict and settlement amounts in cases where the patient was killed or injured while under the age of one; develops brain damage, quadriplegia or requires lifelong care; or suffers an anesthesia error. Research also shows that states with damage caps on malpractice claims do not see a commensurate reduction in malpractice insurance rates that would incentivize physicians to practice in the state. Illinois attempted to impose such caps on damages but the measure was struck down by our state supreme court.
The reality is that humans practice medicine on humans and medical mistakes are going to be made. Medical malpractice insurance exists to protect both the doctor and the patient for these inevitabilities. Patients should not be deterred by the phantom impact that medical malpractice claims have on the healthcare system when deciding to pursue a claim for an incident of suspected medical malpractice. Knowledge is power; investigating your potential claim and understanding the options for obtaining compensation for your losses is integral to making an informed, responsible decision about your future. If you or a loved one has been injured due to a mistake by a healthcare provider or medical professional, you owe it to yourself to consult an experienced Illinois attorney regarding your case. You may be entitled to compensation for medical expenses, lost wages, pain and suffering and other damages.
Laird Ozmon recently attended the American Trial Lawyers (ATLA a/k/a AAJ) Board meeting and met with key candidates addressing compelling social justice issues, including Angus King of Maine and Joe Donnelly of Indiana, among others. We pledged our commitment to keep the constitutional safeguards protecting plaintiffs.
AAJ (formerly Association of Trial Lawyers of America – ATLA) closed its annual meeting today with the ascension of Laird M. Ozmon to the national office of Parliamentarian. AAJ is the national organization for plaintiff trial lawyers in the United States. Mr. Ozmon, a former president of the Illinois Trial Lawyers Association and longtime active member of AAJ has most recently served on its Executive Committee and its Board of Governors. He will continue his work on behalf of plaintiffs nationwide securing justice working from Capital Hill to local courtrooms. His track record in the field of person injury litigation ensured his selection as a 2010/2011 Illinois Super Lawyer. Mr. Ozmon, a graduate of Loyola Law School, Chicago, Illinois, practices throughout the United States with his principle office, the Law Offices of Laird M. Ozmon, Ltd., in Joliet, Illinois. Today he balances an active practice that includes personal injury matters such as major medical malpractice, product liability, and motor vehicle cases with his duties as an officer of the AAJ. From Parliamentarian Mr. Ozmon will ascend to the position of national AAJ president.
Effective July 1, 2012 Illinois Pattern Jury Instruction 1.01 has been modified to permit jurors to ask questions of certain witnesses. This instruction and corresponding comments are in line with the recent adoption of Illinois Supreme Court Rule 243 that authorizes judges to let jurors submit written questions in civil jury trials. While individual judges have discretion to hammer out the procedural details, IPI 1.01 provides the framework. Judges will be the ultimate arbiters of the form and submission of the questions; but this new approach will give the jurors the ability to clarify testimony or explore facts that they deem significant. This is a positive step in integrating jurors into the fact-finding process that is emblematic of our extraordinary American justice system.
Check out new IPI 1.01
The Law Offices of Laird M. Ozmon now represents former NFL players in lawsuits stemming from the NFL’s conduct in actively ignoring and withholding medical proof that NFL players were subjecting themselves to long term health problems caused by concussions, sub-concussive events and ordinary repetitive contact. Several independent medical studies by renowned research universities have shown that NFL players are at great risk of developing severe neurological impairments. If you are a former NFL player, or you know a former NFL player, please encourage him to contact our offices at 815-727-7700. We will have him properly evaluated and take appropriate legal action on his behalf. Laird’s law firm is associated with one of the major law firms co-ordinating and directing the nationwide litigaton.