Sep
19

Seventh Circuit Removes Qualified Immunity Affirmative Defense for Private Medical Providers in Civil Rights Actions

Posted in Healthcare

       Recently, the Seventh Circuit Court of Appeals affirmed a district court’s ruling that private medical staff employed to work in a county jail facility were not entitled to invoke the affirmative defense of qualified immunity in response to a Section...

Aug
09

“Third-Party Tortfeasor or Patient Insurance: Recovery Options for Healthcare Providers in Illinois and How their Participating Provider Agreements Affect the Analysis”

There is a precarious balancing act between healthcare providers, insurance companies, legislative bodies, and the Court system in Illinois. On July 6, 2017, the Fourth District Appellate Court of Illinois issued its decision in Turner v. Orthopedic and Shoulder Center, S.C.

Jul
18

The First District’s Roadmap to the Ever-Expanding Relation Back Doctrine

Earlier this year, the First District Appellate Court provided a detailed analysis regarding the application of the relation back doctrine, which continues to expand its reaches and erode the statutory walls that have historically protected the rights of defendants. As with prior...

Jun
09

Choice of Law: Can Plaintiffs Avoid Limitations By Limiting Their Claims for Damages?

On May 9, 2017, the First District Appellate Court of Illinois issued its decision in Startley v. Welco, 2017 IL App (1st) 153649 (Ill. App. Ct. May 9, 2017).  In its holding, the Startley court appears to reduce the longstanding Illinois choice of...

May
03

Hospital Agency Issues In New Locum Tenens Settings

A steadily increasing number of physicians practice medicine on a locum tenens basis. This Latin phrase, which means “holding a place,” applies to situations where a physician provides medical services at a facility temporarily to fill the facility’s staffing...

Apr
04

LONG –TERM CARE LITIGATION: PRESERVING PRIVILEGE OVER INVESTIGATION REPORTS

Posted in Healthcare

Long-term care litigation is a rapidly growing area of healthcare litigation. To avoid pitfalls during litigation discovery, a proactive strategy of defense for long-term care facilities is necessary. This strategy should include pre-suit safeguarding of privilege...

Mar
14

The Collateral Source Rule and Section 2-1205

The Collateral Source Rule and Section 2-1205: A Look At Their Entangled Histories And How They Affect Damages In Illinois  In 2008, the Illinois Supreme Court defined the...

Jan
10

Admissibility of Medical Write-Offs

Posted in Healthcare

            In Patchett v. Lee, the Indiana Supreme Court addressed the admissibility of evidence of the actual amount paid for medical expenses by government-sponsored healthcare programs. See Patchett v. Lee, 60 N.E.3d 1025...

Nov
29

Discovery Rule for Application of the Statute of Limitations in Legal Malpractice Claims

The First District Appellate Court of Illinois recently issued a decision in the case of Nelson v. Padgitt, 2016 IL App (1st) 160571, which considered the discovery rule for application of the statute of limitations in legal malpractice claims.  The recent...

Oct
20

First District Appellate Court Carves Out Narrow Exception to Petrillo Doctrine

In McChristian v. Brink, 2016 IL App (1st) 152674, the Illinois Appellate Court for the First District carved out a narrow exception to the Petrillo doctrine, which traditionally prohibits defense counsel from having ex parte communications with a plaintiff’s treating...

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