At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is within the discretion of the trial judge and it is common practice to Read More
Over 37,000 Complaints in U.S. Nursing Homes Last Year
As noted in a recent N.Y. Times Article, the Department of Health and Human Services ("HHS") noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year--and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication errors, and abuse and neglect among others and Read More
Winning a Jury Trial: Keep it Simple…
In a well-written article by the New Jersey Lawyer, the old saying rings true: If you want to win over the jury, keep it simple. Jurors don't want to hear long dissertations on the law with "high-brow" words and fancy legal terms; jurors want to hear plain, everyday language--and in short statements or arguments. One attorney in the article summed it up perfectly: Talk to the least-educated, dumbest juror you have. Read More
The Person Who Hit Me Received a Ticket! Won’t the Jury Hear About That?!
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say "absolutely not." In fact, I tell them that the Judge--prior to the trial even beginning--makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are Read More
Find poor performing Medicare and Medicaid Nursing Homes
The Centers for Medicare and Medicaid Services ("CMS") provides extremely useful information about Medicare and Medicaid nursing home providers with links to applicable laws, regulations and compliance information. You can view the main site here: www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp. Most importantly, however, CMS provides a list of what is known as "special focus facilities" or a list of nursing Read More
Information on Illinois Nursing Homes
Extensive information on Illinois nursing homes such as: Who regulates nursing homes; A list of Illinois nursing homes; How to select a nursing home; and Reports on nursing home violations can be found at the Illinois Department of Public Health's web site here:http://www.idph.state.il.us/webapp/LTCApp/ltc.jsp. When making a decision on where to send a loved one, it may be prudent to peruse this site for Read More
