Robert D. Kreisman

Robert D. Kreisman

Kreisman Law Offices
  • Medical Malpractice, Nursing Home Abuse & Neglect, Elder Law...
  • Illinois, Missouri
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Kreisman Law Offices is a Chicago-based personal injury firm that successfully uses a client-based approach to seek justice for victims nationwide. Robert Kreisman is an AV-rated attorney with over 37 years of experience litigating a variety of personal injury cases, including those involving medical malpractice, car accidents, wrongful death, and products liability. He works with some of the leading experts in the nation and employs the newest technology to seek the most favorable results possible for his clients. All cases are taken on a contingency fee basis, meaning you pay nothing unless there is a recovery on your case. Please call the Kreisman Law Offices today to pursue the justice you deserve.

Practice Areas
  • Medical Malpractice
  • Nursing Home Abuse & Neglect
  • Elder Law
  • Personal Injury
  • Products Liability
  • Workers' Compensation
  • Business Law
Additional Practice Areas
  • Birth Injury
  • Anesthesiology Errors
  • Brain Injury
  • Car Accidents
  • Pharmaceutical Litgation / Prescription Drug Side Effects
  • Product Defects
  • Truck Accidents
  • Wrongful Death
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
7th Circuit
Federal Circuit
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
DePaul College of Law
LL.M. (1981)
The John Marshall Law School
J.D. (1976)
Honors: with Honors
University of Missouri - Columbia
President's Club
American Association for Justice
American Association for Justice
Peer Rating AV (Highest Rating)
Martindale-Hubbard Law Directory
Professional Associations
American College of Legal Medicine
- Current
Decalogue Society of Lawyers
- Current
Trial Lawyers for Public Justice
- Current
Illinois Trial Lawyers Association
- Current
American Association for Justice
- Current
Illinois State Bar
- Current
Missouri State Bar
- Current
American Bar Association
- Current
Chicago Bar Association
- Current
Bar Association of Metropolitain St. Louis
- Current
Speaking Engagements
Successfully Handling Medical Negligence Cases, AAJ Annual Convention, Los Angeles, CA
American Association for Justice
Moderator for Professional Negligence Section seminar
Websites & Blogs
Kreisman Law Offices Website
Robert D. Kreisman's Website Profile
Chicago Injury Lawyer Blog
Chicago Personal Injury Lawyer Blawg
Chicago Medical Malpractice Attorney Blog
Chicago Nursing Home Lawyers Blog
Chicago Birth Injury Lawyers Blog
Legal Answers
82 Questions Answered

Q. When I admitted my Dad to the care facility we signed something that said something about arbitration.
A: 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 not be barred from bringing civil lawsuit for the wrongful death and not be bound by that arbitration agreement. In most wrongful death/survival actions there are two distinct counts. One count for each cause of action--wrongful death which is an independent cause of action governed by the Illinois statute and the survival action which is also a separate cause of action for the personal injury or pain and suffering experience by the decedent before the death. The wrongful death statute and that count could be filed in the circuit court without having to be arbitrated. The way the Supreme Court's decision I refer to has been interpreted, the survival count would be subject, at least potentially, to arbitration. Naturally much depends on the language in the agreement and the circumstances of the signing of the document and who signed it. Nursing homes are regularly placing arbitration clauses in admission documents in order to avoid the potential scrutiny of a jury and the much more expensive process and much greater exposure. There is also no record of the proceedings in an arbitration which is yet another reason nursing homes particularly favor enforcing these arbitration clauses. Arbitration is definitely not what a resident who has been harmed, injured or killed by the abuse of the nursing home personnel would want in terms of a forum to prosecute the case.
Q. I got injured but I feel like my insurance company low balled me. What are my rights?
A: 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 records, bill and your wage loss verification. If you already presented all of that and are still dissatisfied with the offer to resolve this, then I think that you should contact a lawyer who handles personal injury cases and proceed accordingly.
Q. I just found out a social worker at my Mom's nursing home had her sign a new power of attorney.
A: 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. That new power of attorney should be revoked and destroyed if it is not your mom's wish. I also am assuming that your mother has the capacity to sign a power of attorney.
Q. Have a motion to dismiss hearing in U.S. District Court civil suit tomorrow but I can't attend.
A: I am assuming you're not a lawyer. In any case, I would find someone to step up for you and most importantly call the judge's chambers to let the court know you can't attend for whatever reason. You should also first call and email the attorney in opposition to let that person know you will not be able to attend and ask for a short continuance by agreement..
Q. Relative at assisted living center with DNR was put on ventilator by paramedics on way to hospital. Was DNR violated?
A: 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 of the patient they were called to help. Second, it is not entirely possible that the paramedics had access to the hospital chart when they were first called to rescue your relative at the assisted living facility. Although this may be a difficult case to prevail on, I encourage you to contact an attorney to discuss this matter in greater detail.
Q. My father has dementia for yrs there is no power attorney over him my brother had him sell he's house for a dollar in
A: I would suggest that you petition the probate court in your county to have you appointed guardian of the estate and person of your father who apparently will be found a disabled person because of his dementia. That way the court will supervise what is best for the ward (your dad) and therefore, oversee diligently your dad's assets and his health care. You should look to hire an attorney experienced in guardianship law to handle this for you.
Q. A nursing home is refusing to speak to me about a relative's death.
A: First of all you should find a lawyer to retain in your location who has experience dealing with nursing homes. In Illinois there is law that requires medical providers to release medical records, nursing home records and the like by a member of the family, spouse or next of kin. Nursing homes generally are notorious for being uncooperative. That being the case, and since you have been stone-walled, an attorney handling cases in this area of law should be able to cut through the obstacles you have been facing.
Q. I had to receive a second hip replacement on my right hip because my first hip replacement came out of the socket four
A: The question I like to ask potential clients who believe they have been injured by medical malpractice is: "How are you doing now?" In many cases even though the doctor or medical providers did something or failed to do something that was below the standard of care that caused an injury, the end result is crucial. You suffered an enormous amount of pain and discomfort unnecessarily from your description, but if the problems you had have been remedied it would not be a case that my firm would take on because the upside of your damages is limited. That is to say there may well be an abundance of negligence in the way your surgeries were handled, but if you made a satisfactory recovery from follow up and remedial surgeries, the case would not be financially beneficial to you at the end given the very high costs of prosecuting any medical malpractice case and the fact that juries generally have difficulty finding doctors, hospitals and medical providers responsible for injuries to patients except in the most egregious of cases. In any event, I would have to know a lot more about your situation.
Q. Should my doctor have done a pregnancy test before giving anesthesia
A: I would need to know more about what procedure you were about to undergo. But suppose you were to have surgery where you were to be given a general anesthetic, your surgeon would have you run through the whole battery of per-operative, testing and your complete history that would likely include a blood test, urine test, blood pressure exam, infectious disease screening and a pregnancy test. I assume from your question that you didn't know you were pregnant at that time. I am very sorry for your loss.
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Contact & Map
Kreisman Law Offices
55 W Monroe St
Chicago, IL 60603
Toll-Free: (800) 583-8002
Telephone: (312) 346-0045
Fax: (866) 618-4198