Medical Malpractice

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...

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...

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...

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...

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