Mar
27

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...

Jan
25

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...

Jan
09

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...

Nov
14

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...

Oct
17

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...

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...

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