Courts of Appeals are Affirming Snap Removal

Posted in Appellate

To keep cases in a favorable state court forum, Plaintiffs often include a defendant who is a resident of that forum in the lawsuit to preclude removal to federal court. Section 1441(b)(2) prevents removal of on action on the basis of diversity jurisdiction if any of...


My Doctor is Liable for How Much?

The intersection of the Medical Malpractice Act and the Wrongful Death Act As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case...


Yarbrough v. Northwestern Memorial Hospital: The Illinois Supreme Court Curtails Imposition of the Apparent Agency Doctrine on the Hospitals

In reversing the holding of Illinois First District Appellate Court, the Illinois Supreme Court in Yarbrough v. Northwestern Memorial Hospital, 2017 IL 121367 (Dec. 29, 2017), limited the application of the doctrine of apparent agency for the first time...


The Medical Malpractice Statute of Repose is not an “Absolute Bar” where a timely filed Complaint Preserves the Claim

On November 30, 2017, the Illinois Supreme Court evaluated the interplay of the Wrongful Death Act, the medical malpractice statute of repose, and the relation back statute in a matter of “first impression” in the State of Illinois. See Lawler v. Univ. of...


Legal Implications Associated With The Increased Use of Physician Assistants to Provide Health Care

Physician assistants were introduced in 1965 at Duke University as a strategy to help over-extended physicians provide more services. By 1974, 37 states had passed legislation authorizing practice by these new practitioners, and today, physician assistants are...


2nd District Clarifies: IL Medical Studies Act Does Not Apply Until After a Peer-Review Committee Initiates an Investigation

Posted in Appellate

In Grosshuesch v. Edward Hospital, et al., 2107 IL App (2d) 160972, the Illinois Appellate Court for the Second District clarified when the Medical Studies Act (735 ILCS 5/8-2101, et. seq.) protects documents from production during discovery.  In...


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

       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...


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

Posted in Insurance

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.


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...


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...