Misdiagnosis Is One of the Most Common Forms of Medical Malpractice

Web Admin - Monday, July 16, 2018
Rolling Meadows misdiagnosis injury lawerPeople in the United States have access to the best doctors and medical facilities in the world, and we expect to receive quality medical care when we need it. Unfortunately, mistakes occur all too often, and negligence on the part of doctors, nurses, or other medical staff can result in serious, life-changing injuries. Medical malpractice can take many forms, but misdiagnosis is one of the most common medical mistakes, and also one of the most serious.

The Prevalence of Misdiagnosis

Errors in diagnosis can occur when doctors fail to diagnose a certain condition, make an incorrect diagnosis, or do not correctly diagnose a condition in time to properly treat it. These are the most common type of medical errors which occur in the United States, and they are also likely to result in a patient’s death or disability. In fact, studies have shown that between 80,000 and 160,000 people become permanently disabled every year because of misdiagnosis.

Misdiagnosis can occur for a variety of reasons, including:

- Failure to evaluate a patient - An incorrect diagnosis may result from a doctor failing to complete an appropriate evaluation of the factors affecting a patient’s health, including their family medical history.

- Lab errors - Misdiagnosis may occur due to errors made during testing, such as equipment that was not functioning properly, samples that were contaminated, reports that were mixed up, or a technician that failed to follow the proper testing procedures.

- Misread lab reports - A doctor may make an improper diagnosis if they ordered the wrong tests or misinterpreted the results.

- Overwork - Doctors with heavy workloads are more likely to misdiagnose patients, especially if they do not consult with specialists or other medical professionals when they are uncertain about a diagnosis.

Avoiding Misdiagnosis

Patients should be able to expect that their doctors will complete the proper tests and take all relevant information into account while making a diagnosis, but they can also take steps to educate themselves and avoid the risk of misdiagnosis. It is always a good idea to ask a doctor questions and make sure to understand their diagnosis and the benefits and drawbacks of the suggested treatments or medications. Patients may also choose to seek out a second opinion to make sure their conditions are diagnosed correctly.

While patients can do their best to protect their own health, they should be able to receive medical care without worrying about the possibility of their doctor making mistakes. If you or a family member have suffered an injury that occurred because of misdiagnosis or some other form of medical malpractice, Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation for your damages. Contact a Crystal Lake personal injury attorney at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Strict Product Liability Claims

Web Admin - Monday, September 21, 2015

When an individual is injured by a product, recovery of damages may be possible through a products liability claim. Under this type of claim, manufacturers, sellers, or other suppliers of products are held liable to consumers who are harmed by those products. And in some cases, product liability claims may fall under the theory of strict liability.

Defective Products

In order to recover under a products liability claim, the plaintiff must show that the product was dangerous or defective. Generally, the law requires that products meet the ordinary expectations of consumers. When a product defect exists, those expectations are not met. A defective product is one that, at the time of its sale or distribution, contains a manufacturing defect, is defective in its design, or that has a marketing defect.

A manufacturing defect occurs when a product is not made according to its intended design. A design defect occurs when the foreseeable risks of harm posed by the product could have been reduced or eliminated by the adoption of a reasonable alternative design. A product contains a marketing defect when it has inadequate instructions or warnings and the foreseeable risk of harm could be reduced by the inclusion of reasonable instructions or warnings. Additionally, the omission of such instructions or warnings must cause the product to be unreasonably dangerous.

Strict Liability

Pursuant to Illinois law, product liability claims are any action based on strict liability brought against the seller, manufacturer, or distributor of a product that causes personal injury. Under this type of claim, a defendant pays for harm caused by a product even though the defendant did not act intentionally or negligently. In other words, the defendant’s actions or behavior is not relevant to the determination of liability. Rather, for a strict liability claim, the plaintiff must show the following:

  1. 1. The injury resulted from a condition or defect of the product manufactured or sold by the defendant;
  2. 2. The condition or defect of the product was unreasonably dangerous; and
  3. 3. The condition or defect existed at the time that the product left the control of the manufacturer.

Product liability claims are commonly brought against the manufacturer of a product, but they may also be brought against:

  • - Manufacturers of component parts that go into a product;
  • - Parties that assemble or install a product;
  • - Wholesalers;
  • - Retail stores that sell a defective product to a consumer; or
  • - Under Illinois law, anyone involved in the placement of a product into the stream of commerce.

Under the statute of limitations, product liability claims must be brought within two years of the date on which the plaintiff knew, or should have known through the use of reasonable diligence, of the personal injury.

Product liability claims can provide compensation for victims, while also holding those involved in the production and sale of defective products accountable. For more information about product liability claims, contact a dedicated Illinois personal injury attorney today. Our firm provides representation throughout the northwest suburbs, in the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Holiday Toy Safety: What Parents Should Know

Web Admin - Wednesday, December 04, 2013

With the holiday season getting into full swing, many parents will soon comb the aisles of toy stores looking for the perfect children’s toys. However, parents should keep in mind that not all toys are safe for all children, and some purchases can result in serious harm to their child. Fortunately, the government and public interest groups make many toy safety resources available, so that parents can get some peace of mind by educating themselves about the dangers of unsafe toys.

Potential Toy Dangers

Children’s toys can present a wide variety of dangers, some obvious, others less so. For instance, sharp edges or points and choking hazards, such as small parts or strings, are common concerns for parents. The government even banned the use of small parts in toys for children under three years old. But, despite this attempt towards prevention, many toys with small parts still make it onto store shelves every year. Doctors recommend that parents take care around any toy with parts that can fit through a toilet paper roll. Additionally, parents should take extra care around small magnets, which often present choking hazards, but may not be regulated as strictly if they come in unusual shapes.

Unfortunately, parents cannot detect all toy dangers so easily. Some toys may contain unacceptably high levels of toxic chemicals that can harm children. Lead is a common hazardous chemical that still finds its way into children’s toys. Though the government attempts to limit the amount of lead in any toy to 100 parts per million (ppm), a report by the Public Interest Research Group (PIRG) found one toy containing 29 times that amount of lead. Other toys could present noise hazards, which the government does not regulate as heavily. These toys, which produce sounds in excess of 85 decibels, can harm children’s ears and lead to hearing loss in some cases.

Safety Resources

Fortunately, many groups publish toy safety guides or lists of harmful toys, like the PIRG report above, that concerned parents can use to learn more about the dangers. The United States Consumer Product Safety Commission (CPSC), puts out many of these guides, including some focusing on specific types of hazard or specific age groups. Additionally, the Illinois Attorney General’s office also publishes a safe shopping guide.

Legal Assistance

If your child sustained an injury playing with an unsafe toy, contact an experienced Arlington Heights personal injury attorney today. Our knowledge can you receive compensation for the injury of your child. We serve many northwest suburban areas including Crystal Lake, Palatine, Chicago, Inverness, and other nearby communities.

Recent Posts


attorney fees Barrington criminal lawyer estate planning for college students insufficient documentation products liability consent to a search Schaumburg corporate attorney Schaumburg traffic lawyer probate lawyer Buffalo Grove probate lawyer Arlington Heights Attorney loss of consortium Illinois small business blended families Palatine Attorney residential real estate compensatory time fatal car accidents Schaumburg personal injury attorney living trust surgical mistakes drugs Chicago will attorney, social media platforms, Illinois estate planning lawyer, distracted driving accidents Illinois motorcycle accident lawyer Deer Park motorcycle accident lawyer Illinois trusts attorney rent to own real estate contracts Illinois estate planning law firm condo Illinois will lawyer power of attorney for healthcare Des Plaines civil attorney hit and run accident texting and driving problem employees changes to mortgage law food poisoning liability claims bicycle accidents sexual harassment Rolling Meadows criminal attorney traffic violations defense Arlington Heights real estate lawyer Barrington criminal defense lawyer Illinois job attorney Barrington personal injury lawyer wrongful death digital evidence Palatine punch death caretaker rights boating under the influence employment lawyer eluding a police officer Long Grove estate planning attorney homestead rights how to avoid common denials of life insurance claims Arlington Heights criminal lawyer Buffalo Grove personal injury lawyer Des Plaines drug crimes lawyer life insurance claims rollover accidents denial of insurance claim disability benefits uninsured motorist Illinois employee rights attorney. Schaumburg criminal law attorney drunk driving statistics Palatine employment lawyer work unions Illinois insurance attorney in terrorem provision deed transfer employment law Rolling Meadows medical malpractice lawyers traffic violations estate plan guardianship attorney car collision employee discrimination living wills Illinois employment law preventable medical errors privacy laws Chicago biking tips Affordable Care Act meal breaks Arlington Heights injury attorney liens nursing home negligence Mount Prospect real estate lawyer Barrington Illinois estate planning lawyer Illinois LLC creation drug crimes lawyer car crashes Crystal Lake traffic attorney Des Plaines accident attorney employment contract fault based insurance swimming pools Illinois traffic accident lawyer pedestrian accident investment property comp time Inverness DUI lawyer insurance claim dispute Thanksgiving Illinois elder law attorney workplace sexual harassment Illinois trucking safety Illinois wills and trusts Crystal Lake will lawyer Rolling Meadows estate planning attorney Barrington personal injury attorney Inverness probate lawyer Arlington Heights personal injury attorney Illinois construction accident attorney vacation home fines Rolling Meadows corporate lawyer Rolling Meadows marijuana attorney Des Plaines real estate lawyer material misrepresentation insurance claims civil litigation financial advisors insurance adjusters Des Plaines medical malpractice attorney Rolling Meadows business lawyer Rolling Meadows insurance attorney insurance agents Chicago life insurance attorney estate planning trusts drug crimes probate claims process personal injury law firm jet ski accidents Rolling Meadows employment law attorneys Barrington medical malpractice lawyers Illinois traffic attorney Palatine injury attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers license revocation denial of life insurance lapse in policy Palatine elder law attorney Des Plaines tax law firm Illinois law commercial real estate Arlington Heights TBI attorney Schaumburg elder law lawyer ObamaCare Deer Park workers compensation lawyer Arlington Heights personal injury lawyer natural gas explosion Illinois traffic attorneys trucking accidents medical malpractice compensation cell phone accidents revenge porn driving texting while driving Illinois mortgages Illinois insurance claim dispute lawyers Colin H. Gilbert Illinois employment lawyer Buffalo Grove corporate attorney Self-Directed IRA Accounts Schaumburg car accident attorney suspended license Des Plaines personal injury lawyer Arlington Heights accident attorney underage DUI Kenilworth estate planning lawyer motorcycle accident lawyer Barrington life insurance lawyer BUI filing a medical malpractice claim IRA benefits fiduciary rule liability healthcare claims real estate lawyer landlord wills insurance denial appeals condo association South Barrington real estate lawyer unpaid assessment personal injury claim traffic accidents vacation home School Visitation Rights Act Crystal Lake business law attorneys Rolling Meadows Traffic Lawyer wrongful termination Long Grove estate planning Buffalo Grove real estate attorney IRA trust transfer Illinois wills and trusts attorneys Mount Prospect elder law attorney bike accident reckless homicide loopholes Illinois civil litigation lawyer probate Palatine law firm Deer Park traffic accident attorney Palatine corporate law attorneys Illinois defective products attorney living trust vs will no contest clauses Schaumburg estate attorney construction contracts civil litigation attorney landlord tenant law right to work Long Grove wills and trusts attorneys operating agreements accidental death benefits construction accidents Illinois personal injury lawyers institutional trustee Illinois insurance claims lawyers Buffalo Grove personal injury attorney Arlington Heights tax lawyer Class A misdemeanor Illinois Smoke Detector Act digital media accounts, estate planning, Arlington Heights estate planning attorney, personal injury accidents Schaumburg personal injury lawyer Palatine insurance lawyer Home Sale Contingencies digital assets Des Plaines real estate attorney Illinois DUI attorney estate planning attorney startup company Illinois speeding lawyer Rolling Meadows traffic law firm Arlington Heights car accident lawyer insurance claim forming a corporation in Illinois Chicago will attorney personal injury Palatine civil attorney Illinois injury lawyer Buffalo Grove traffic lawyers spinal cord injury Exclusions Arlington Heights trucking lawyer employees Illinois corporate lawyer foreclosed rental property Federal Food Drug and Cosmetic Act Fair Labor Standards Act boating accidents Inverness real estate lawyer ACA Crystal Lake tax lawyer Super Mario Illinois traffic ticket lawyer Rolling Meadows boating crash lawyer Deer Park accident attorney independent contractor small business Illinois workers compensation attorney Chicago corporate attorney involuntary manslaughter unpaid overtime Palatine construction attorney Inverness elder law lawyer Illinois registered agent breach of contract criminal record Arlington Heights traffic attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers personal injury lawyer corporate law caregiver real estate attorney job lawyers Chicago car accident lawyer Landlord Tenant Ordinance dram shop law Illinois workplace discrimination attorney overtime pay Rolling Meadows accident lawyer new real estate form Inverness accident lawyer DUI attorney employee misclassification Barrington civil litigation attorney probate claims TBI advance healthcare directive Illinois Sales Representative Act Illinois Trust Code privacy top life insurance claim denials estate attorney senior citizens Palatine civil litigation lawyer Chicago estate planning lawyer Barrington employment attorney Crystal Lake pedestrian accident lawyer Arlington Heights lawyer insurance agent negligence income distribution deducation BAC Buffalo Grove employment lawyer drunk driving hands free device Deer Park criminal attorney icy parking lots Barrington drug crime attorney sole proprietorship Rolling Meadows real estate attorney criminal Crystal Lake employment law attorney college kids truck collisions employment attorney first degree murder Illinois bicycle safety Illinois Transfer on Death Instrument pay when paid contract Kenilworth estate planning attorneys Arlington Heights employment attorney Long Grove estate planning attorneys Arlington Heights wills and trusts lawyer pet law employment law, Illinois employment laws bicycle dooring accidents Illinois employment laws workers compensation benefits pedestrian injuries, pedestrian fatality mortgage drug possession Buffalo Grove medical malpractice lawyers Illinois business law atorneys medical malpractice claims underfunded trust Crystal Lake accident attorney Barrington employment law firm head on collisions Schaumburg estate planning lawyer jet ski Mount Prospect wills and trusts lawyers Crystal Lake car accident attorney unfunded trust Illinois jet ski accident lawyer ken apicella wage theft insurance claim denials slip and fall DUI estate planning lawyer Illinois medical malpractice case car crash injuries Barrington Traffic Lawyer workers comp Des Plaines criminal attorney Crystal Lake medical malpractice attorneys trustee capital gains tax unauthorized overtime cause-of-death exclusions Jay Andrew Des Plaines insurance attorney Rolling Meadows personal injury lawyers Chicago trucking accident attorney dynasty trusts Palatine workers compensation lawyer Illinois tax attorney denied insurance claim Schaumburg insurance lawyers back injuries elder law traffic crimes Arlington Heights insurance attorney manufacturing FMLA distracted driving accident victims BAIID overtime violations insurance attorney Palatine personal injury lawyer IRELA pain and suffering insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Des Plaines car accidents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Chicago employment attorney car crash POA Illinois pet lawyer Palatine employment law lawyer trust payments Deer Park medical malpractice attorney DMV Transfer on Death Instrument Schaumburg employment law attorneys gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois workers compensation lawyer Arlington Heights Traffic Lawyer mass shooting Schaumburg construction accident lawyer Des Plaines personal injury attorney breathalyzer test Schaumburg real estate lawyer pedestrian accidents Des Plaines drug lawyer insurance negligence FSLA Des Plaines motorcycle accident attorney beneficiary complications auto accidents trauma after an accident Crystal Lake employment lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois car accident attorney dog bites crossover accidents Crystal Lake traffic lawyer Schaumburg medical malpractice lawyer murder charges Palatine trusts lawyer car accident Rolling Meadows life insurance claim denial attorney Arlington Heights pedestrian accidents field sobriety test Illinois rollover accident lawyers Home Remodeling Repair Act medication errors elder abuse traumatic brain injury Crystal Lake personal injury attorney Inverness personal injury attorney subcontractor insurance disputes Chicago traffic lawyer anesthesia errors Illinois insurance dispute lawyers Detainer Actions product liability Barrington attorney Schaumburg drug defense lawyer Illinois probate lawyer Illinois Human Rights Act DNR traffic tickets Rolling Meadows traffic attorney medical malpractice criminal law Palatine business attorney spinal cord injuries Crystal Lake insurance lawyer defective products lawyer Schaumburg employment attorney personal injury claims Illinois criminal defense attorney pet bites digital information Des Plaines injury law firm Crystal Lake employment attorney Crystal Lake civil litigation lawyer Rolling Meadows DUI lawyer Barrington boating accident attorney trucking accident lawyers Barrington employment law attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys probate fees estate tax Kenilworth estate planning attorney federal regulations for LLCs Employment Discrimination Law Rolling Meadows litigation lawyer Palatine employment attorney DUI penalities Illinois insurance claim attorney Chicago employment lawyer criminal defense rollover car crashes golf accidents living trust benefits Illinois estate planning attorney Buffalo Grove life insurance attorney deadly crashes special needs trust Rolling Meadows employment attorney real estate Palatine drug lawyer Crystal Lake personal injury lawyer Rolling Meadows insurance lawyer Deer Park employment law attorney Crystal Lake criminal defense attorney Long Grove real estate attorney real estate closing Illinois insurance claim dispute lawyer PTSD Inverness estate planning lawyer modern family estate planning Arlington Heights car crash attorneys Illinois pedestrian accident attorney Deer Park personal injury lawyer rumble strips Long Grove real estate lawyer Rolling Meadows Attorney controlled substance clemency Illinois personal injury attorney Illinois workplace lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois collections attorney bad faith insurance claims Barrington estate planning attorney commercial leases LLCs natural gas agent Des Plaines personal injury lawyers Arlington Heights medical malpractice lawyer Do Not Resuscitate murder defense social media after death premises liability hiring employees workers compensation Crystal Lake pet attorney Des Plaines collections attorney Attorney Ken Apicella Family Medical Leave Act Buffalo Grove car accident lawyer car accident lawyers Mt Prospect Attorney Fourth of July Palatine estate planning lawyer taxes Chicago insurance claim attorneys paid sick leave whistleblower protections home inspection lawyer fiduciary rule delay Deer Park DUI lawyer federal crimes healthcare Schaumburg Crystal Lake medical malpractice law firm Chicago lawyer Chicago estate planning speeding rest breaks Illinois employment law attorneys Rolling Meadows probate lawyer personal injury attorney insurance dispute traffic laws Barrington business law firm child safety commercial leasing life insurance Joliet general practice lawyers Illinois employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, boating DUI GM ignition switches gift taxes Illinois Workers’ Compensation Commission Palatine corporate attorney pizza emoji Colin Gilbert life insurance claim denial, denial of life insurance claim marijuana crimes attorney coronavirus Illinois estate planning Illinois medical malpractice claim slip and fall accidents creditors Rolling Meadows personal injury lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys sexual images power of attorney probate process medical marijuana owner responsibility Inverness injury lawyer defective products Des Plaines pet law attorney Barrington estate planning lawyer Crystal lake insurance dispute attorney Illinois employment attorneys Chicago insurance law firm Illinois business lawyer Barrington litigation attorney installment contracts Buffalo Grove insurance claim dispute lawyers wills and trusts tax attorney pedestrian-automobile accident Schaumburg civil litigation attorney most common reasons for life insurance claim denials denied insurance claims Crystal Lake car accident lawyer Schaumburg estate planning attorney cell phone license reinstatement Policy Cancellation Crystal Lake injury attorney cell phone tower data traumatic brain injuries health insurance dispute Des Plaines claims law firm Buffalo Grove law firm Illinois insurance disputes underinsured motorist murder severance agreements Illinois Wage Payment and Collection Act Illinois employment law firm brain injury llinois Real Estate Lawyers Association Illinois real estate Schaumburg criminal attorney Illinois insurance lawyer insurance claim delay Illinois real estate lawyer Buffalo Grove injury lawyer CAM Rolling Meadows personal injury attorney Illinois Probate Act of 1975 traffic offenses Chicago attorney Inverness insurance attorney blood alcohol content Crystal Lake bike accident lawyer Rolling Meadows criminal lawyer Rolling Meadows employment law attorney Crystal Lake estate planning lawyer license Illinois living will wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Buffalo Grove traffic attorney insurance denials Rolling Meadows insurance dispute lawyers, insurance dispute Deer Park traffic lawyer trench injuries Palatine traffic accidents Crystal Lake medical malpractice lawyer insurance dispute attorney Liquor Control Act DGAA Des Plaines Traffic Lawyer business litigation comparative negligence car accident lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois attorney Palatine real estate lawyer contracts Riverwoods estate planning lawyer drug crime expungement Schaumburg life insurance attorney Rolling Meadows insurance dispute lawyers Palatine criminal defense lawyer license suspension Schaumburg personal injury lawyers dealing with problem employees South Barrington real estate attorney Arlington Heights wills and trusts lawyers Palatine traffic lawyer DUI defense Illinois personal injury trusts medical research Illinois medical malpractice lawyers Barrington injury attorney Crystal Lake law firm irrevocable trust Illinois employment law attorney estate planning IRS Legal Info Inverness corporate attorney Schaumburg probate attorney preventing accidents Arlington Heights estate planning attorney real estate zoning real estate leasing insurance claim denial life insurance policy marijuana Illinois driving without license low-ball insurance settlement Arlington Heights wills and trusts attorney life insurance lawyer Rolling Meadows drug defense attorney appealing an insurance claim Rolling Meadows car accident lawyers Palatine life insurance lawyer foreclosure internet Barrington workers compensation attorney minimum wage Whistleblower Claims Inverness civil lawyer Des Plaines DUI attorney real estate contract holiday statistics automated cars motorcycle accident Schaumburg injury lawyer Rolling Meadows tax attorney Illinois medical malpractice attorney Arlington Heights employment law attorneys Buffalo Grove criminal defense lawyer Illinois lawyer Illinois traffic laws employee rights Rolling Meadows civil rights violation Inverness traffic law firm Deer Park real estate law firm Illinois red light cameras insurance claim dispute attorney Schaumburg wrongful death attorney Retaliatory Discharge pregnant women traffic deaths Illinois wrongful termination lawyer Schaumburg Attorney Arlington Heights wills and trusts attorneys Palatine probate lawyer Inverness real estate attorney Illinois boating accident lawyer Illinois personal injury lawyer Forcible Entry Barrington real estate lawyer real estate attorneys Illinois home inspection Food and Drug Administration's Food Safety Modernization Act