Medical Malpractice

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...

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...

Feb
19

Maximizing the Legal Protections Provided by PSO Participation:

The Affordable Care Act requires that by January 1, 2017, hospitals with more than 50 beds that contract with Qualified Health Plans (QHPs) participate in a Patient Evaluation System (PSES) through a federally certified Patient Safety Organization (PSO).   The...

Aug
10

The Future Of Data Breach Complaints – Actual Harm Required

Courts are now requiring more than a mere increased risk of a data breach in order to have standing to file suit for data breaches. In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782 (Ill. App. Ct. August 6, 2015), the Illinois Appellate Court held that plaintiffs did...

Apr
20

The Reptile Lays New Eggs

A recent flurry of amended complaints in medical malpractice cases suggests that the plaintiffs’ bar seeks to extend the reptile strategy¹ to hospitals and private practice groups of physicians. These pleadings attempt to impose a duty upon hospitals and practices to promulgate by-laws, rules...

Feb
25

Challenge to Wisconsin’s Cap on Noneconomic Damages in Medical Negligence Cases

On October 3, 2014, Milwaukee County Circuit Court Judge Jeffrey Conen held the $750,000 statutory cap on noneconomic damages for medical malpractice claims was unconstitutional as applied to Ascaris and Antonio Mayo in Mayo v. Wisconsin Injured Patients and Families Compensation Fund (2012 CV...

Jun
30

Settling Wrongful Death Actions: The Illinois Supreme Court Expands the Rights of Intended Beneficiaries

In re Powell v. Wunsch, the Illinois Supreme Court held that an attorney who brings a wrongful death action owes a legal duty to the decedent’s beneficiaries at the distribution of funds phase of that action. Nos. 115997, 116009, 2014 IL 115997, at *¶20 (Ill. Sup. Ct. June 19, 2014). A...

Mar
26

Illinois Supreme Court Concludes that the Good Samaritan Act Applies to Volunteers and Not Those Who Are Compensated to Treat Patients Within the Scope of Their Employment Even If the Patient is Not Billed for Services

Illinois physicians can no longer claim immunity under the Good Samaritan Act if they are compensated for their time within the scope of their employment despite the fact that the patient was not billed for the emergency care provided.  Home Star Bank and Financial Services, Guardian of the...

Mar
05

Illinois Appellate Court Expands Damages Allowable in Wrongful Pregnancy Suit When a Genetic Abnormality is a Foreseeable Consequence of a Sterilization Procedure

The First District held that a plaintiff advancing claims of negligence and wrongful pregnancy can recover extraordinary expenses that would be incurred in raising a child born with sickle cell disease following her mother’s failed tubal ligation procedure. See Williams v. Rosner, 2014...

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