Clifford's Notes Archives | Clifford Law Offices https://www.cliffordlaw.com/category/cliffords-notes/ Mon, 23 Sep 2024 20:07:35 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://www.cliffordlaw.com/wp-content/uploads/2022/12/cropped-favicon-02-01-32x32.png Clifford's Notes Archives | Clifford Law Offices https://www.cliffordlaw.com/category/cliffords-notes/ 32 32 Bob Clifford Authors Article on Heavier Electric Vehicles and Guardrail Safety https://www.cliffordlaw.com/bob-clifford-authors-article-on-heavier-electric-vehicles-and-guardrail-safety/ https://www.cliffordlaw.com/bob-clifford-authors-article-on-heavier-electric-vehicles-and-guardrail-safety/#respond Mon, 23 Sep 2024 20:07:35 +0000 https://www.cliffordlaw.com/?p=47323 Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine titled “Weight Gain” which explores the growing safety concerns surrounding electric vehicles (EVs) and their impact on roadside infrastructure, particularly guardrails. Significantly heavier than gas-powered vehicles, Bob shares the urgent need to address the potential dangers of EVs as their popularity increases. “Guardrails are essential for safety on the nation’s roads, but if not properly designed, constructed,...

The post Bob Clifford Authors Article on Heavier Electric Vehicles and Guardrail Safety appeared first on Clifford Law Offices.

]]>
Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine titled “Weight Gain” which explores the growing safety concerns surrounding electric vehicles (EVs) and their impact on roadside infrastructure, particularly guardrails. Significantly heavier than gas-powered vehicles, Bob shares the urgent need to address the potential dangers of EVs as their popularity increases.

“Guardrails are essential for safety on the nation’s roads, but if not properly designed, constructed, installed, and maintained, they can pose great risks. There have been more than 100,000 fatalities each year involving run-off-the-road crashes involving infrastructure elements such as barriers.”
-Robert A. Clifford, Founder and Senior Partner at Clifford Law Offices

A renowned Chicago personal injury and catastrophic accident attorney, Bob Clifford references a study from the University of Nebraska-Lincoln’s Midwest Roadside Safety Facility, which found that current steel guardrails are not designed to withstand the increased weight of EVs. In crash tests, heavier EVs like the Rivian R1T truck and Tesla Model 3 either tore through or lifted the guardrails, raising major safety concerns.

“The heavier EVs are not just a concern for guardrail safety. Aging roads, bridges, parking infrastructures, braking performance, and other weight issues are impacted as more EVs hit the roads.”
-Robert A. Clifford

The article calls for collaboration among safety experts and government agencies to update roadside barriers and implement stronger safety measures, such as adjusting speed limits and improving guardrail designs to accommodate a wide range of vehicles.

Click here to read more about this growing public safety concern.

The post Bob Clifford Authors Article on Heavier Electric Vehicles and Guardrail Safety appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/bob-clifford-authors-article-on-heavier-electric-vehicles-and-guardrail-safety/feed/ 0
Robert A. Clifford Authored Article About Regulating AI for the Law https://www.cliffordlaw.com/robert-a-clifford-authors-article-about-regulating-ai-for-the-law/ https://www.cliffordlaw.com/robert-a-clifford-authors-article-about-regulating-ai-for-the-law/#respond Wed, 27 Dec 2023 19:18:27 +0000 https://www.cliffordlaw.com/?p=44913 Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine, titled, “Regulating AI for the Law,” which discusses the implications of using artificial intelligence within various legal scenarios including brief writing, jury selection, and law school application materials. “AI apparently is revolutionizing the legal profession by providing tools that assist lawyers in research, drafting, and decision-making. The sophisticated data mining already is used by consultants in the...

The post Robert A. Clifford Authored Article About Regulating AI for the Law appeared first on Clifford Law Offices.

]]>
Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine, titled, “Regulating AI for the Law,” which discusses the implications of using artificial intelligence within various legal scenarios including brief writing, jury selection, and law school application materials.

“AI apparently is revolutionizing the legal profession by providing tools that assist lawyers in research, drafting, and decision-making. The sophisticated data mining already is used by consultants in the jury selection process, but does that consider life’s experiences, attitudes, and beliefs?”
– Robert A. Clifford, founder and senior partner at Clifford Law Offices

Mr. Clifford outlines several examples where leading companies are utilizing AI or have implemented systemized use of available data and platforms to benefit research and analysis. He also shares examples of how the use of AI has created ethical issues within the legal profession, explaining AI’s potential influence on the American Bar Association’s evaluation of the risks presented by these emerging technologies.

To read Mr. Clifford’s article in full, click here. His thoughts on the subject of AI will continue in the next issue of Chicago Lawyer Magazine.

The post Robert A. Clifford Authored Article About Regulating AI for the Law appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/robert-a-clifford-authors-article-about-regulating-ai-for-the-law/feed/ 0
Robert A. Clifford Authors Article on Fitness Facilities’ Duty to Patrons https://www.cliffordlaw.com/robert-a-clifford-authors-article-on-fitness-facilities-duty-to-patrons/ https://www.cliffordlaw.com/robert-a-clifford-authors-article-on-fitness-facilities-duty-to-patrons/#respond Thu, 13 Apr 2023 19:56:02 +0000 https://www.cliffordlaw.com/?p=43383 Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine titled, “Be Prepared, Be Ready,” exploring a recent Illinois Supreme Court decision that held fitness facilities are required to take life-saving action when a patron is in apparent danger. In Dawkins v. Fitness International, LLC, 2022 IL 127561 (Il. Sup. Ct., decided May 22, 2022), a 69-year-old woman was exercising at an Oswego fitness facility when she stopped...

The post Robert A. Clifford Authors Article on Fitness Facilities’ Duty to Patrons appeared first on Clifford Law Offices.

]]>
Robert A. Clifford, founder and senior partner at Clifford Law Offices, authored an article for Chicago Lawyer Magazine titled, “Be Prepared, Be Ready,” exploring a recent Illinois Supreme Court decision that held fitness facilities are required to take life-saving action when a patron is in apparent danger.

In Dawkins v. Fitness International, LLC, 2022 IL 127561 (Il. Sup. Ct., decided May 22, 2022), a 69-year-old woman was exercising at an Oswego fitness facility when she stopped breathing and collapsed. Although an automated external defibrillator (AED) and a trained personnel member were available, nothing was done to save her for eight minutes. She suffered irreparable brain damage.

The state’s highest court ruled that two state statutes control, and when read together, they mean that the facility had a duty to act meaning the “non-use of the AED would amount to willful and wanton misconduct.”

To read the entire column that appeared in the latest edition of the Chicago Lawyer, click here.

The post Robert A. Clifford Authors Article on Fitness Facilities’ Duty to Patrons appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/robert-a-clifford-authors-article-on-fitness-facilities-duty-to-patrons/feed/ 0
Robert A. Clifford Writes Column on Drug Ads https://www.cliffordlaw.com/robert-a-clifford-writes-column-on-drug-ads/ https://www.cliffordlaw.com/robert-a-clifford-writes-column-on-drug-ads/#respond Fri, 16 Dec 2022 02:53:35 +0000 https://www.cliffordlaw.com/?p=40143 When are drug ads to be believed and who is controlling their verbiage? It should be the job of the Food and Drug Administration (FDA), but how carefully is it overseeing drug studies versus mere puffery? Robert A. Clifford, founder and senior partner of Clifford Law Offices, examines some recent cases through the eyes of Prevagen, a highly advertised drug that touts memory improvement. To read the column that appeared in the November-December issue of...

The post Robert A. Clifford Writes Column on Drug Ads appeared first on Clifford Law Offices.

]]>
When are drug ads to be believed and who is controlling their verbiage? It should be the job of the Food and Drug Administration (FDA), but how carefully is it overseeing drug studies versus mere puffery? Robert A. Clifford, founder and senior partner of Clifford Law Offices, examines some recent cases through the eyes of Prevagen, a highly advertised drug that touts memory improvement.

To read the column that appeared in the November-December issue of the Chicago Lawyer, click here.

 

The post Robert A. Clifford Writes Column on Drug Ads appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/robert-a-clifford-writes-column-on-drug-ads/feed/ 0
Bob Clifford Addresses “Weathering” Effect in the Legal Community https://www.cliffordlaw.com/bob-clifford-addresses-weathering-effect-in-the-legal-community/ https://www.cliffordlaw.com/bob-clifford-addresses-weathering-effect-in-the-legal-community/#respond Wed, 16 Feb 2022 20:12:31 +0000 https://www.cliffordlaw.com/?p=38033 The “weathering” effect has become an important subject of interest in our diverse landscape. Studies have shown that discrimination and bias slowly affect a person’s well-being not only emotionally, but also physically, potentially leading to serious health concerns stemming from chronic stress such as increased cortisol levels, sympathetic nerve activity, high blood pressure, cytokine production, and glycated hemoglobin levels. In a recent article published by Chicago Lawyer Magazine, Robert A. Clifford writes about the importance of...

The post Bob Clifford Addresses “Weathering” Effect in the Legal Community appeared first on Clifford Law Offices.

]]>
The “weathering” effect has become an important subject of interest in our diverse landscape. Studies have shown that discrimination and bias slowly affect a person’s well-being not only emotionally, but also physically, potentially leading to serious health concerns stemming from chronic stress such as increased cortisol levels, sympathetic nerve activity, high blood pressure, cytokine production, and glycated hemoglobin levels.

bob-clifford-article-chicago-lawyerIn a recent article published by Chicago Lawyer Magazine, Robert A. Clifford writes about the importance of recognizing this erosion of an individual in a professional setting, specifically in the field of law, and how his firm is bringing awareness to its role in the profession.

On Thursday, February 17, 2022, Clifford Law Offices will host its 15th Annual Continuing Legal Education Program that will consist of two seminars: a Wellness Program and a Diversity and Inclusion Program. One of the many topics of the webinar is the challenges of well-being and the weathering effect in our modern climate. Both programs will be moderated by Bob and include panels of experienced and diverse attorneys who will provide insights, experiences, and beliefs about creating change in the law field. 

For more information or to register for the event please visit the Clifford Law Offices Continuing Legal Education website.

The post Bob Clifford Addresses “Weathering” Effect in the Legal Community appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/bob-clifford-addresses-weathering-effect-in-the-legal-community/feed/ 0
Clifford’s Notes – Summer 2017 https://www.cliffordlaw.com/cliffords-corner-1/ https://www.cliffordlaw.com/cliffords-corner-1/#respond Fri, 07 Jul 2017 18:42:01 +0000 http://content.local/cliffords-corner-1/ Clifford’s Corner Robert Clifford was part of the American Bar Association Section of Litigation “The Masters of Closing Arguments” who each gave a closing argument judged by their peers. Read more. Clifford Law Offices’ Press Room Clifford Law Offices’ Press Room James C. Pullos joined the firm as a partner at Clifford Law Offices. He had served as an Assistant Cook County State’s Attorney for 14 years, including as a supervisor of the Torts and...

The post Clifford’s Notes – Summer 2017 appeared first on Clifford Law Offices.

]]>
Clifford Law Offices Newsletter

Clifford’s Corner

Robert Clifford was part of the American Bar Association Section of Litigation “The Masters of Closing Arguments” who each gave a closing argument judged by their peers. Read more.

Clifford Law Offices’ Press Room

Clifford Law Offices’ Press Room James C. Pullos joined the firm as a partner at Clifford Law Offices. He had served as an Assistant Cook County State’s Attorney for 14 years, including as a supervisor of the Torts and Civil Rights Division.

Pamela Sakowicz Menaker was elected as Second Vice President of the Catholic Lawyers Guild of Chicago. She will ascend to the presidency of the organization in 2019-2020.

Craig Squillace was elected to the Illinois State Bar Association Assembly, the governing body of the statewide organization of some 33,000 members.

Charles R. Haskins has joined Clifford Law Offices as an associate attorney. He clerked for the firm as a student at Loyola University School of Law.

Tracy Brammeier has been appointed to the Chicago Bar Association (CBA) Judicial Evaluation Committee (JEC). She will be preparing investigative reports on lawyers and judges running for election or retention in order for the JEC to continue →

Twelve Clifford Law Offices attorneys have been selected in 2017 as Leading Lawyers or Emerging Lawyers. Being designated a Leading Lawyer means fewer than 5 percent of registered Illinois lawyers are named by their peers in statewide surveys. Additional recognitions include continue →

Letter to editor: By Robert A. Clifford, Chicago Daily Law Bulletin; March 27, 2017
Congress taking aim at right to trial by jury
While most of the country is pondering the massive changes President Trump calls for regarding health care, immigration, environmental funding and public television, Congress is quietly moving legislation that significantly affects every American’s basic right to a trial by jury. continue →

National Hellenic Museum Continuing Trial Series
WTTW, Chicago’s public television station, aired The Trial of Antigone (left) in May. Bob Clifford participated in the event sponsored by the National Hellenic Museum. As part of the continuing series, Clifford teamed up again with Dan Webb of Winston & Strawn to win the case of The Trial of the Greek Marbles in 2017.

Approach the Bench: James C. Pullos
It’s a story heard over and over – a family of eight grows up on Chicago’s South Side in the Beverly neighborhood. His father works round-the-clock in the restaurant business while his mother does the “heavy lifting” of raising six children, working shifts at the restaurant, and pursuing her own nursing career. . . James Pullos recently joined Clifford Law Offices as a partner after working at the Cook County State’s Attorney’s Office for 14 years. He rose quickly through the ranks continue →

Bill of Particulars
Uber ends self-driving car test after violating state laws and driving unsafely
Many believe that self-driving cars will take over American roads in the very near future. If these changes are to happen, however, automotive companies and government regulators must work closely to ensure the rollout of these vehicles is as safe as possible. The initial signs are not encouraging continue →

Clifford Law Offices Continuing Legal Education Program
Clifford Law Offices’ 10th continuing legal education program, “Social Media Ethics Outside and in the Courtroom,” was held February 16. More than 3,000 Illinois lawyers attended the free two-hour webinar held at DePaul University. Robert Clifford (standing) served as moderator for the program that offered two hours of professional responsibility credit. Panelists included the (center) Hon. Lynn M. Egan of the Cook County Circuit Court; (right) Mark C. Palmer, Professionalism Counsel of the Illinois Supreme Court Commission on Professionalism; and (left) John M. Barkett, partner at Miami’s Shook, Hardy & Bacon continue →

Roughly 2% of Doctors Are Involved in Half of Medical Malpractice Settlements
An alarming statistic was released this year that revealed that about two percent of all doctors are involved in half of all medical malpractice settlements, according to the National Practitioner Data Bank (NPDB) that has studied this issue for the past 25 years. The NPDB reported that these settlements represented a total of more than $41 billion. At the same time, however, it was reported that only a small percentage of those reporting to continue →

Clifford Law Scrapbook
SShannon McNultyhannon McNulty spoke on “Class Actions” at the annual ITLA Complex Litigation and Civil Liability for Non-Traditional Torts Seminar. McNulty is handling class action litigation including Pella windows, Volkswagen and talc powder.

Keith Hebeisen gave a mock closing argument.jpgKeith Hebeisen gave a mock closing argument as part of the American Board of Trial Advocates (ABOTA) Masters in Trial Program. Keith also spoke at the Illinois Trial Lawyers Association (ITLA) Ethics and Professionalism Seminar on “Civility Amongst Lawyers.”

Pamela Sakowicz Menaker spoke to a group of pre-law DePaul University students on obtaining a law degree and what it means.jpgPamela Sakowicz Menaker spoke to a group of pre-law DePaul University students on obtaining a law degree and what it means. Other speakers included De Paul Law School Dean Jennifer Rosata Perea and Judge Diann Marsalek, head of the Cook County Traffic Division.

Tracy Brammeier spent a Saturday offering free legal advice on wills to Chicago police officers as part of a program sponsored by the Young Lawyers Section of.jpgTracy Brammeier spent a Saturday offering free legal advice on wills to Chicago police officers as part of a program sponsored by the Young Lawyers Section of the Chicago Bar Association.

Sarah King introduced the speakers at the luncheon for Women Everywhere, a not-for-profit organ.jpgSarah King introduced the speakers at the luncheon for Women Everywhere, a not-for-profit organization that creates opportunities for women through education and community service. King sits on its Board of Directors.

Bradley Cosgrove spoke at the Illinois Trial Lawyers Association (ITLA) annual Damages Seminar and talked about Bradley Cosgrove spoke at the Illinois Trial Lawyers Association (ITLA) annual Damages Seminar and talked about “Pre-Existing Conditions.”

The post Clifford’s Notes – Summer 2017 appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/cliffords-corner-1/feed/ 0
Clifford’s Notes https://www.cliffordlaw.com/cliffords-notes/ https://www.cliffordlaw.com/cliffords-notes/#respond Tue, 03 Jan 2017 20:29:42 +0000 http://content.local/cliffords-notes/ Clifford’s Corner Robert A. Clifford has been appointed to serve as Chair of the American Bar Association Fund for Justice and Education that supports more than 200 public service and educational programs throughout the world. Clifford also was appointed as a Board Member to the Advocacy Institute, a national group that gives law students the opportunity to develop and practice their advocacy skills continue → Clifford Law Offices’ Press Room Clifford Law Offices once again...

The post Clifford’s Notes appeared first on Clifford Law Offices.

]]>
Clifford’s Corner

Robert A. Clifford has been appointed to serve as Chair of the American Bar Association Fund for Justice and Education that supports more than 200 public service and educational programs throughout the world. Clifford also was appointed as a Board Member to the Advocacy Institute, a national group that gives law students the opportunity to develop and practice their advocacy skills continue →

Clifford Law Offices’ Press Room

Clifford Law Offices once again captured a top spot in the Chicago Lawyer publication’s annual 2016 Settlement Survey, having garnered $133 million in non-confidential settlements in the Chicago area in the last year.

Kevin Durkin has been named to the Chicago Police Memorial Foundation Executive Committee. Durkin has been active for years with the Foundation that helps families of fallen and injured Chicago police officers. Durkin also sponsors continue →

Pamela Sakowicz Menaker was appointed as a member of the American Bar Association Young Litigator Task Force. She also was elected as a Board Member of the Public Interest Law Initiative (PILI). She also was selected to serve on the board of the Center for Conflict Resolution (CCR).

Tracy Brammeier was elected to the Illinois Trial Lawyer Association Board of Managers.

Clifford Law Offices is ranked as a 2017 “Best Law Firm” by U.S. News & World Report and Best Lawyers with continue →

Bob Clifford Writes Op Ed Piece in Chicago Lawyer:
The True Cost of Medical Errors – Should the CDC list mistakes as America’s third top killer?

Martin Makary, a cancer surgeon and professor of health policy and management at Johns Hopkins University School of Medicine, has recently asked the Centers for Disease Control to correct its records and list medical errors as the third most common cause of death in the United States, after heart disease and cancer. continue →

Final Judgments

Bob Clifford congratulated by two of their clients, Greg Powers and Tony Carillo (other man in t-shirt), both from Belleville, Illinois, for their lawyers obtaining an $18.5 million settlement on behalf of the two men who were badly burned in a flash fire during a haz-mat derailment cleanup near West Point, Kentucky. continue →

In other cases, Bob Clifford and Shannon McNulty settled a case for $16.5 million on behalf of a 69-year-old former coach . . . . Keith Hebeisen and Sarah King obtained a $3.3 million verdict against Northwestern Hospital following a one-week trial in the fatal overdose of a patient continue →

Keith Hebeisen and Bradley Cosgrove obtained a $7.75 million verdict in Cook County Circuit Court against a doctor continue →

Approach The Bench

Bob Clifford
Steve Jobs and Michael Wozniak founded Apple Computer. The Blues Brothers debuted on Saturday Night Live. Peyton Manning was born. A gallon of gas was 59 cents. Jimmy Carter was elected as President. The country celebrated its bicentennial. The year was 1976. It also was the year that I was sworn in as a lawyer. Obviously, a lot has happened since then, in the country, around the world and in each of our lives. I have taken in every day as a learning experience, enjoying the fulfillment of having continue →

Bill of Particulars

Talc Mining Company Named in Ovarian Cancer Lawsuits

In recent years, some women who used talcum powder as part of their daily routine have developed ovarian cancer. Presently, more than 1,000 women and surviving family members have filed suit against Johnson & Johnson, the makers of Johnson’s Baby Powder and Shower to Shower. In 2016, juries in continue →

Self-Driving Cars – Let’s Not Rush the Technology
Tesla, the leading electric auto maker, announced in October that it is equipping all of its vehicles, including the Model 3, its first affordably priced car, with the hardware needed for fully autonomous driving. Tesla’s president announced continue →

Four Major Airlines Fined for Allegedly Providing Misleading Info on Being Bumped from Flights and Lost Baggage
Four major airlines, including American, United and Southwest, were fined in August by the U.S. Department of Transportation (DOT) for allegedly misleading passengers about the compensation they provide when problems arise, including being bumped from flights. Clifford Law Offices is often contacted continue →

Continuing Legal Education

Clifford Law Offices Continuing Legal Education Program
Now in its 11th year, Clifford Law Offices is sponsoring a continuing legal education program free to all Illinois lawyers. “The Ethics of Social Media Inside the Courtroom and Out” offers two hours of professional responsibility credit continue →

Trial Notebook
Please visit our website for some of the recent new cases in the last year.

Clifford Law Scrapbook

Bob Clifford spoke on torts at Northwestern University Law School’s first year class of Professor Ellen Mulaney. In addition to some educational war stories in his 40 years of practice, Clifford told the class that continue →

Clifford Law Offices was a 4-Star Sponsor of the 8th Annual Chicago Fire Fighters Picnic that raises money to help those are injured in the line of duty. continue →

 

Brad Cosgrove spoke at the Illinois Trial Lawyers Association (ITLA) Update and Review Seminar in Chicago on trucking accidents. Cosgrove recently received a $5 million verdict and a $20 million settlement in trucking accident cases. He also received a $1.25 million settlement for injuries of a trucking accident victim as the trial was underway.  

 

Keith Hebeisen received a Trial Lawyer Excellence award at the Jury Verdict Reporter’s annual reception and awards ceremony at the Chicago Cultural Center from Peter Mierzwa.

Keith Hebeisen spoke at the Illinois Trial Lawyers Association Medical Malpractice Seminar. Hebeisen, a former ITLA President and Editor of its Medical Malpractice Trial Notebook for the past 25 years, has received numerous record-setting med mal verdicts and settlements in his 33 years as a practicing attorney.

Robert Clifford participated in an all-star panel at Northwestern University School of Law on “Interplay Among Courts, the Parties, Counsel, and Media in High Stakes Litigation.” The Hon. Henry Simmons (retired), Managing Partner at Clifford Law Offices, attended the program.

View Clifford Law’s Winter 2016 Newsletter here.

The post Clifford’s Notes appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/cliffords-notes/feed/ 0
Clifford’s Note’s: A Delicate Question that Mixes Law, Medicine: How to Help a Client Find a Doctor https://www.cliffordlaw.com/clifford-s-note-s-a-delicate-question-that-mixes-law-medicine-how-to-help-a-client-find-a-doctor/ https://www.cliffordlaw.com/clifford-s-note-s-a-delicate-question-that-mixes-law-medicine-how-to-help-a-client-find-a-doctor/#respond Fri, 03 Oct 2014 00:00:00 +0000 http://content.local/clifford-s-note-s-a-delicate-question-that-mixes-law-medicine-how-to-help-a-client-find-a-doctor/ Clifford’s Note’s October 3, 2014 Chicago Lawyer: Clifford’s Note’s By Robert A. Clifford A friend of the firm recently was diagnosed with a brain tumor that has to be operated on immediately. She called and asked our medical-malpractice team, “Who is a good neurosurgeon?” As a personal-injury attorney for nearly 40 years, a question I am often asked is, “How do I find a good doctor?” It may sound like a strange question to ask...

The post Clifford’s Note’s: A Delicate Question that Mixes Law, Medicine: How to Help a Client Find a Doctor appeared first on Clifford Law Offices.

]]>
Clifford’s Note’s October 3, 2014

Chicago Lawyer: Clifford’s Note’s

Clifford_5cases

By Robert A. Clifford

A friend of the firm recently was diagnosed with a brain tumor that has to be operated on immediately. She called and asked our medical-malpractice team, “Who is a good neurosurgeon?”

As a personal-injury attorney for nearly 40 years, a question I am often asked is, “How do I find a good doctor?” It may sound like a strange question to ask a lawyer, but when one realizes how little information is available regarding doctors’ abilities and performance, it isn’t that strange at all.

What the potential patient really is asking is, “Have we ever sued that doctor in a particular specialty, or do you know of other lawyers who have known of mistakes that a doctor has made?” It’s a difficult question to answer sometimes because mistakes can involve a number of people, particularly if you are talking about surgery or a number of simultaneous medical issues going on. But even finding a good internist or primary care doctor can be difficult given the doctor’s experience, temperament, time constraints, responsive office staff, appointment wait time, days and hours available, fees, follow-up and overall caring about people.

Another issue that comes into play is whether the patient belongs to a PPO, HMO, Medicare or the Affordable Care Act, which some have complained accepts narrow networks. Various plans limit the patient to those who are in-network, but oftentimes that just means that the patient has to pay a higher per-visit payment or surgeon’s fee for an out-of-network doctor. The National Committee for Quality Assurance issues report cards on health plans at tinyurl.com/CLncqa. Hospitals have banded together to form private databases on patient satisfaction and physician quality, among other information. Perhaps one day they will be open to the public to allow patients to choose a doctor from information gathered by the hospitals themselves.

Some people like to find the doctor who is closest to their home, an understandable issue as one gets older. Yet I have known people to fly to doctors in other states because of the national reputation of a physician or the uniqueness or specialty of the medical issues involved. Come with a list of questions, and don’t be afraid to get a second opinion.

Besides relying upon your lawyer, there are some proactive steps that a patient should take before deciding if a particular doctor is right for you. For example, Public Citizen’s Health Research Group’s website, citizen.org, has information about doctors who have been disciplined and fights to make that information public. It has a list of all states’ medical disciplinary boards with links on how to file a complaint.

The Illinois Department of Financial and Professional Regulation, idfrp.com, regulates doctors in Illinois. The website also allows you to search and verify the physician’s license and to check for any disciplinary action that has been taken and the results of any complaints against specific doctors in Illinois. Check it out — go to the website and type in a doctor’s name and city or county in which he or she practices. The website provides hospital affiliations; types of insurance that are accepted, including Medicare and Medicaid; specialty certifications and when they expire; any malpractice judgments or settlements; criminal charges filed against the doctor; disciplinary action taken by the state medical board; and education, honors and awards. It can be very enlightening.

The American Medical Association also has a “doctor finder” on its website with a database of more than 814,000 doctors: tinyurl.com/CLdoctor. Of course, the doctor must be a member of the AMA even to be listed, and you must accept terms which include language that “Inclusion of a physician is not and does not imply AMA referral, endorsement or recommendation, nor does the omission of any individual indicate AMA disapproval.” It really provides the bare minimum of information and perhaps is more of a membership benefit for those who belong to the AMA.

Consumer Reports offers some advice on how to find a doctor, tinyurl.com/CLconsreport, but much of it is common sense. HealthGrades.com helps you choose a doctor close to your area and even offers patient satisfaction surveys on a five-star system. And a new website, gethealthpons.net, works on a coupon-purchased-online basis. Maybe that’s the wave of the future.

You can also learn whether your doctor is board certified from the American Board of Medical Specialties, certificationmatters.org/ is-your-doctor-board-certified.aspx. Board certified means the doctor has had two to six years of post-medical school training and passed a written and oral exam. Generally, doctors who are admitted to teaching and community hospitals are solid. Another mark of distinction is a doctor who has completed a residency program affiliated with a major university.

Keep in mind, a doctor is not necessarily a good doctor if he or she hasn’t been sued. Many people are reluctant to sue their physicians despite the negligence because they have developed a personal bond and trust. Sometimes the mistake can be corrected or isn’t life-changing, and the patient overlooks it.

By the same token, a doctor is not a bad doctor just because she has been sued. Even good doctors can have a bad day and can make terrible mistakes. They are humans, like everyone else, and can overlook something or have their minds on something other than the important issue right in front of them. It’s the life-or-death mistakes that are the hardest to forgive or forget. And then it all becomes about accountability.

The post Clifford’s Note’s: A Delicate Question that Mixes Law, Medicine: How to Help a Client Find a Doctor appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/clifford-s-note-s-a-delicate-question-that-mixes-law-medicine-how-to-help-a-client-find-a-doctor/feed/ 0
Clifford’s Notes: Cameras in the Courtroom https://www.cliffordlaw.com/clifford-s-notes-cameras-in-the-courtroom/ https://www.cliffordlaw.com/clifford-s-notes-cameras-in-the-courtroom/#respond Tue, 12 Aug 2014 00:00:00 +0000 http://content.local/clifford-s-notes-cameras-in-the-courtroom/ August 12, 2014 Chicago Lawyer, Clifford’s Note’s By Robert Clifford, A pilot program allowing cameras in Illinois’ 23 circuit courts on a limited and experimental basis in civil and criminal cases was announced in January. Illinois Chief Justice Thomas Kilbride has long been applauded for supporting transparency in the courtroom and educating the public. The announcement came on the heels of a pilot program allowing cameras in federal court for civil trials in 14 districts...

The post Clifford’s Notes: Cameras in the Courtroom appeared first on Clifford Law Offices.

]]>
August 12, 2014

Chicago Lawyer, Clifford’s Note’s

Clifford_5cases

By Robert Clifford,

A pilot program allowing cameras in Illinois’ 23 circuit courts on a limited and experimental basis in civil and criminal cases was announced in January. Illinois Chief Justice Thomas Kilbride has long been applauded for supporting transparency in the courtroom and educating the public.

The announcement came on the heels of a pilot program allowing cameras in federal court for civil trials in 14 districts and includes up to 150 individual judges around the country. The Northern District of Illinois is the largest district to participate.

Last September, the Judicial Conference authorized the three-year pilot project to better evaluate the effect of cameras in the courts. Video recordings will be available at uscourts.gov. Trials will not be streamed or televised live, as we recall the O.J. Simpson case or infamous trials in Florida’s state courts. Instead, it will be saved for later access, which will allow for editing, if necessary.

It comes with conditions: All parties and the judge must agree, three or four cameras would be set up in a courtroom at the Dirksen Federal Courthouse — one directed at the attorneys’ podium, one at the witness and, if the judge allows, one on the bench. An additional inconspicuous camera may be pointed at the counsel tables. No cameras will show jurors.

The judge may terminate the recording at any time. The judge may stop the recording “to protect the rights of the parties, and witnesses, and the dignity of the court; to assure the orderly conduct of proceedings; or for any reason considered necessary or appropriate by the presiding judge,” the guidelines say.

Courts that participate in the project must provide study-specific data for the Federal Judicial Center on behalf of the Court Administration and Case Management Committee (CACMC). Everyone involved in the experience, including jurors, will be interviewed to see if the cameras had any impact upon ensuring that all parties received a fair trial. At this writing, no trials have been recorded.

Some may recall that a similar three-year pilot project started in 1991 in the U.S. Courts of Appeals for the 2nd and 9th circuits and several U.S. district courts. In 1994, the Judicial Conference considered a report and recommendation of the CACMC that recommended expanding camera coverage of civil proceedings. “Overall, attitudes of judges toward electronic media coverage of civil proceedings were initially neutral and became more favorable after experience under the pilot program,” a Federal Judicial Center evaluation says. But a majority of the Judicial Conference still declined to authorize recording or broadcasting of any proceedings. It will be interesting to see if witnesses and jurors report back with a different take now that technology has so infiltrated our lives.

The pilot project is a good idea, said Sen. Dick Durbin, D-Ill., and Sen. Chuck Grassley, R-Iowa, ranking members of the Senate Judiciary Committee, who introduced legislation in December. The Cameras in the Courtroom Act of 2011 would require open proceedings of the U.S. Supreme Court to be televised. The timing of bringing this issue to light is intentional: Grassley wrote a letter to U.S. Supreme Court Chief Justice John G. Roberts asking that hearings scheduled for March 26 to 28 on the case of the federal health-care reform law be televised.

Grassley, who has repeatedly co-sponsored such legislation, wrote, “The decision in this case has the potential to reach every American. The law is massive in size and scope. The effect of the law, and the court’s decision, will reverberate throughout the American economy.” He goes on to note the “momentous” constitutional questions at issue as well as the ability to make the cameras “simple and unobtrusive” given modern technology.

At a hearing in December before the Administrative Oversight and the Courts Subcommittee, Grassley testified about a poll released last year that revealed that “62 percent of Americans believe that they hear too little about the workings of the Supreme Court.”

The chairman and chief executive officer of C-SPAN, Brian Lamb, also wrote a letter to Roberts requesting if, being “respectful of the process,” his station could cover the case. Roberts has not responded to either request.

The fraud case involving former Enron CEO Jeffrey Skilling, the Philip Morris case for fraudulent advertising, the Millennium Bomber’s foiled 2000 attack on Los Angeles International Airport and others were denied same-day audio releases. Roberts released audio recordings the same day or oral arguments for about 20 cases including the Guantanamo cases, but in 2010 the court’s policy changed to allow only audio recordings of its proceedings that are posted at the end of the work week — too late for most journalists’ deadlines.

Now that its newest member, Justice Elena Kagan, has said publicly that cameras would bring a new confidence to the courts, it remains to be seen if the discretionary authority of the court changes. She replaced Justice David H. Souter, whose famous words still ring in the hallowed halls: “The day you see a camera come into our courtroom, it’s going to roll over my dead body.”

Most are waiting for the results of the current pilot project. The results cannot be underestimated, unless Congress acts first.

The post Clifford’s Notes: Cameras in the Courtroom appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/clifford-s-notes-cameras-in-the-courtroom/feed/ 0
Robert Clifford Reflects – Cases That Have Changed Me https://www.cliffordlaw.com/robert-clifford-reflects-cases-that-have-changed-me/ https://www.cliffordlaw.com/robert-clifford-reflects-cases-that-have-changed-me/#respond Mon, 04 Aug 2014 00:00:00 +0000 http://content.local/robert-clifford-reflects-cases-that-have-changed-me/ As thousands of 1L’s begin their journey through law school, I pause to reflect on my own career over nearly four decades and the cases that have changed me.

The post Robert Clifford Reflects – Cases That Have Changed Me appeared first on Clifford Law Offices.

]]>
August 4, 2014

 

By Robert A. Clifford

As thousands of 1L’s begin their journey through law school, I pause to reflect on my own career over nearly four decades and the cases that have changed me, my clients and sometimes even the community. Of course, every client is special in his or her own way. I have taken pride in having the ability to select cases that I think can make a difference in someone’s life in a positive or very profound way. In looking back over my many years of litigation, 10 cases come to mind:

*Liaison counsel for 9/11 property damage clients (January, 2009): Aside from the $1.2 billion subrogation settlements for a group of insurance companies, the real mark of that case is that we were able to change the law on the federal court’s subpoena power that previously extended to only 100 miles from the court to a national subpoena power. This change in the law allowed us to take the deposition of a key person – the ticket agent who let one of the terrorists through airport security – which was critical in demonstrating that checkpoint screenings at airports was decreasing while terrorism was on the rise.

*Rachel Barton v. Chicago and North Western Transportation, et al. (Feb. 1999) – Although the case received the most comprehensive coverage of a civil trial in Cook County history, I was virtually oblivious to the media frenzy in preparing for the day-to-day events in court. That case really stands to me as the template for how one teaches a jury about the theory of a case. We were able to present evidence of 17 people who had experienced previous “near misses” of being caught in Metra doors, demonstrating that the train company was aware of this risk yet chose to do nothing. It was Rachel’s horrific case that clearly demonstrated the need for the “second look” – where a conductor must allow all passengers to get on board, close all doors but his own and then take a second look before closing his own door. That simple procedure would have changed Rachel’s life. It probably now has saved countless others from harm or death.

*Dr. James York v. Rush Presbyterian St. Luke’s Medical Center et al. (June, 2002) – Dr. York, a vibrant physician who traveled to faraway places to help those in need, suffered paralysis in his right leg after an anesthesiologist injured his spinal cord. That case went all the way to the Illinois Supreme Court and now is the seminal case in Illinois on the doctrine of apparent agency in medical malpractice cases. Dr. York and his wife received $13.5 million.

*Oakley Lowe, minor v. Estate of Adam Riechert, deceased, et al. (Aug. 1990) – I secured a $14.2 million verdict for a young Boy Scout who was seriously injured in a car crash on a scouting trip. The young brain damaged boy will be taken care of for the rest of his life.

*John W. Jentz, Robert Schmidt and Justice Becker v. ConAgra Foods Inc. And West Side Salvage Inc. (June, 2012) – This $180 million verdict, of which our two clients received $112 million, set a record in many ways. Most importantly, the jury sent a message to a large food producer of the need to be more careful. It is still in post-trial phases.

*Advocate Medical class action – As tort law has changed to affecting the masses, so, too, has my law practice, as I have been called to help thousands who have been victimized by data breaches and other mass torts. In Advocate Medical, it is claimed that four unencrypted computers that contained confidential information of patients was stolen from its Park Ridge office, including Social Security numbers and patients’ diagnoses. Four million people were notified that their information had been compromised when a simple encryption of the computers would have prevented such a catastrophe. More than a thousand people have contacted my office and we are in the midst of class certification motions.

*Target class action – This story became national headlines after it was revealed that what may be 110 million customers of the large chain had their credit card information and other private data compromised by a hacker in Europe. Just what is being done with all of this information is unknown, but it has made millions of people nervous about fraudulent or potential unauthorized activity on their accounts or that their personal identities might be stolen. That case continues to be litigated in federal district court in Minneapolis.

*General Motors class action – The negligence of one of America’s largest car manufacturers has reached unbelievable proportions, especially when it is reported that 11 people have died as a result of a faulty ignition switch of which GM was aware and chose to do nothing about for years. Many lawyers from around the country are involved in this complex action that is sure to go on for years before a resolution will be reached.

*Food mislabeling – Many suffer from food allergies. It is important that they know exactly what is contained in what they ingest, yet food producers are allowed to call products fruit-filled, when in fact there is none. They are allowed to say the food is healthy, when it may contain disproportional amounts of sugar. Never has it been more important for labels to be accurate and the Food and Drug Administration needs to keep on top of this. Obviously, it can’t do so alone, and that’s where lawyers are stepping in. That case, too, will be determined down the road in federal court in California.

*Circus performers – The circus came to town in Rhode Island and eight beautiful women entertained thousands of all ages, including children, who sat in the audience and were horrified when the “human chandelier” act collapsed in front of their eyes. The performers were rushed to area hospitals and some of them remain in wheelchairs as they try to recover. Seven of them contacted my office. Sorting through the safety measures that were taken or not taken will unfold in the years to come.

All of these cases are the stories of people’s lives. They also all represent a fight for justice. I have been blessed that they also have legal significance and have been recognized by the public as worthy of its attention. And, who knows, maybe my biggest case is yet to come.

About Robert A. Clifford
Robert A. Clifford was named by Chicago Magazine as one of the top 100 Most Powerful Chicagoans in 2013 and 2014. Crain’s Chicago Business named Clifford as one of the “most influential people in Chicago” in 2013. Clifford remains committed to raising the quality of the practice of law in the state of Illinois and promoting civility. He was named the 2012 Chicago Lawyer Person of the Year. Based upon his trial accomplishments, and his contributions to the legal community and the Chicago area, his colleagues nominated him for the prestigious honor given to one person each year. He is the founder of Clifford Law Offices, a nationally recognized personal injury law firm in Chicago concentrating in aviation, transportation, personal injury, medical negligence, and product liability law. To learn more about Robert Clifford, click here.

The post Robert Clifford Reflects – Cases That Have Changed Me appeared first on Clifford Law Offices.

]]>
https://www.cliffordlaw.com/robert-clifford-reflects-cases-that-have-changed-me/feed/ 0