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Questions Answered by Robert D. Kreisman
1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: It was only by chance that I stopped to check in on my Mom

at her nursing home and discovered her on the floor with no one assisting her. Is this enough to file neglect charges?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 21, 2016

This occurrence should certainly get the attention of the Illinois Department of Health and Human services which you may contact to report this and file a complaint. The department will investigate this event. Whether there is a case to be brought under the Illinois Nursing Home Care Act depends... View More

1 Answer | Asked in Products Liability and Wrongful Death on
Q: I wanted to thank you Kreismon, for his response. I've got my case number I'm sure that will help.

Will I go to District Court of ST. LOUIS MISSOURI? To look up a product liability case and look up the case by number and defendants? There's to many victims to put in any of our names, I'd think. Also I'm not sure all the areas to in the area next. There's so main... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 15, 2016

Yes. St. Louis would be the US District Court for the Eastern District of Missouri. With the case number and the defendants' names you should be able to get a status on the case.

2 Answers | Asked in Products Liability and Wrongful Death for Missouri on
Q: How do I check on a cases filed through a update alert via email.

It against Johnson and Johnson consumer products, IMERYS, TALC AMERICA INC. F. K. / A. LUZENAC AMERICA INC.

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 15, 2016

I'm not quite sure about your question. But if has to do with a class action, state action or a case in the federal multi-district litigation (MDL) you should be able to follow the status if you have the caption of the case.

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I suspect that the care facility is neglecting my Mother.

Is there any issue with installing a camera in her room to see what's going on when I'm not there?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 15, 2016

Under a law enacted in Illinois in August 2015, the Authorized Electronic Monitoring in Long-Term Facilities Act became effective on Jan. 1, 2016. Under its provisions, residents and their roommates have the right to consent to having a video or audio recording devices installed in their rooms. The... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for Illinois on
Q: Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages?

Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages? I have a civil trial coming up and would like to use the criminal case transcript to prove the person was found guilty and use the persons testimony against them if they try to testify differently. Also,... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 15, 2016

You can use testimony given under oath in another venue or proceeding to impeach a witness or party. The transcripts you refer to may be available through the state's attorney's office who prosecuted the criminal case. At least someone there would be able to tell you who the court... View More

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: My Dad came back from rehab with a bed sore and it's taken months to heal. Can we sue the place for neglect?
Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

If the bed sore was caused or arose while your dad was rehabbing at this facility, he may have a good cause of action for negligence. I would encourage you to photograph the wound and to be sure that your dad is receiving medical care given the dangers of an open would has to infection. I assume... View More

1 Answer | Asked in Civil Litigation, Business Law and Consumer Law for Illinois on
Q: How do I find the corporate office number for Primark LLC, a company that sells a memory-enhancement product called Prov
Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

I think if you search on Google, Yahoo, etc. you will easily find the home page of the company that will list the company's home office and very likely a phone number. There's a Primark LLC registered in Delaware.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: employer w/injured worker. Worker wants to perform beyond dr restrictions. is this ok? What would be our obligation?
Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full... View More

2 Answers | Asked in Personal Injury for Illinois on
Q: I'm waiting for some money I got as a result of an injury but the hospital is demanding payment now.

Is there any way to deal with this so it doesn't get sent to a collection agency and go on my record?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

Your lawyer should be helpful here. If the hospital submitted a hospital lien for the amount it is owed, the settlement fund will pay for it without a collection company getting involved. I would urge you to contact your lawyer about whether or not the hospital submitted a lien and if not, to give... View More

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2 Answers | Asked in Consumer Law and Products Liability for Ohio on
Q: A company I purchased a car from ask me to rewrite checks because they misplaced them should I

I was asked too right six check to be deposited bi-weekly for my purchase they deposited some of them and has said they lost the rest should I do this or not

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

I would recommend that you not write additional replacement checks until you have stopped payment on the supposed missing or lost checks.

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2 Answers | Asked in Probate and Real Estate Law for Illinois on
Q: Boyfriend died. We never planned on marriage. Had a cohabitation agreement. How long do I have before I have to move?

My boyfriend moved me from WI while going through a messy divorce. He just passed away 8/12/1016. We had a cohabitation agreement. How long before the estate can kick me and my kids out?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 9, 2016

I am assuming your boyfriend owned the house in his own name with no one else. If that's the case and a probate estate is opened, the court will appoint either an administrator of the estate (if there is no will) or an executor if there is one. In either case, if an estate is being probated... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Illinois on
Q: Last year I shared an apartment with 3 roommates where we are all on the same lease. Well the carpet got ruined

Last year I shared an apartment with 3 roommates where we are all on the same lease. Well the carpet got ruined because of an illegal dog that my roommate had. So the landlord had to replace the carpet at a cost of $4000 over our security deposit. One of my roommates decided to contact a lawyer in... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 3, 2016

I would recommend that you consult with a lawyer who specializes in the practice of landlord tenant matters. From the facts given, you would probably be advised that not only would you deny liability in your answer to the complaint, but you would file cross-claims against your roommates for... View More

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I feel like my Mom is not being treated very well in her nursing home but my brother doesn't want to make waves.

Can he stop me from suing them?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 3, 2016

Your brother and your other siblings would have the same standing to file a lawsuit against a nursing home for injuries or death to a resident assuming a few facts not given here. For one, is your mother's husband alive and well? Is your mother of sound mind and memory, not adjudicated a... View More

2 Answers | Asked in Products Liability for North Carolina on
Q: Is there any additional monies other than pain and suffering with medical bills when dealing with strict liability claim

When I contacted the company and told them I know I didn't suffering massive injuries other than cut up mouth and MD appt. to get the bone out of my throat,but I was more lending to the fact they meet all the criteria for the stirct liability claim

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 3, 2016

Product liability lawsuits that arise out of injuries or death caused by a defective product may include all related damages including, pain and suffering past and future, lost wages past and future, the value of the loss of normal life caused by the injury(s), medical expenses paid in the past and... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I went to go stay and visit with my old college roommate

and he and his wife asked me to walk their dog while they went to work. The dog took off on his leash and I was injured chasing after it. Does my friend's home insurer need to pay for my expenses?

Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 3, 2016

There is a recent US Court of Appeals case on point on this issue. Whether or not your friend was somehow negligent because of the behavior of his dog is one thing, but the case I refer to specifically decided the question as to whether or not the homeowner's insurance policy insured this... View More

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2 Answers | Asked in Business Formation, Business Law and Contracts for Texas on
Q: I am trying to create a hold harmless agreement with subcontractors, but I'm not currently an LLC.

I am not currently and LLC, but I am trying to create a hold harmless agreement with some subcontractors. Should I have them sign one now with me as an individual and then have them sign one later to my LLC?

Robert D. Kreisman
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Robert D. Kreisman
answered on Aug 30, 2016

Yes! If your job is about to start and you have not yet incorporated as an LLC, you certainly may have subcontractors sign your hold harmless agreement now naming yourself individually and once you have set up your LLC have those subs sign the new hold harmless naming your company.

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I just found out a social worker at my Mom's nursing home had her sign a new power of attorney.

But I'm already her power of attorney. What should I do?

Robert D. Kreisman
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Robert D. Kreisman
answered on Aug 25, 2016

I would notify the head administrator of this nursing home and demand to know what circumstances could have arisen to allow the social worker (I assume who works at this facility) to be a part of signing of a new power of attorney. Also, be sure to find out from your mom how this happened and why.... View More

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3 Answers | Asked in Personal Injury for Illinois on
Q: I got injured but I feel like my insurance company low balled me. What are my rights?
Robert D. Kreisman
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Robert D. Kreisman
answered on Aug 25, 2016

If you signed a release, you have waived any further claim. If you haven't sign off on the offer and accepted and negotiated the settlement draft, you can simply reject the offer. Assuming you're handling this on your own, I would be sure that you have collected all of your medical... View More

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: When I admitted my Dad to the care facility we signed something that said something about arbitration.

But I feel like his death was due to their neglect - do we have an option to sue them?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 25, 2016

The law in this area is in flux in most jurisdictions around the country. However, an Illinois Supreme Court case makes it mandatory for all of the heirs of the decedent to have signed the admission documents with the arbitration clause in order for it to be enforced. Therefore, your family would... View More

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1 Answer | Asked in Elder Law for Illinois on
Q: Relative at assisted living center with DNR was put on ventilator by paramedics on way to hospital. Was DNR violated?

Relative is elderly and suffered seizures that spiked her blood pressure. She was unresponsive when paramedics were called to her assisted living center. A DNR is on file at hospital and assisted living center. For a period of time she was unable to breathe on her own and was put on a ventilator... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 28, 2016

The medical decision to put your relative on a ventilator on the way to the hospital, may not be a violation of the DNR that was in place for a couple of reasons that come to mind. One is that the paramedics made a medical decision spontaneously for what they believed to be in the best interests... View More

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