Subject Index Medical Malpractice

Admitting Medical Expenses at Trial

By Hon. Eileen Marie O’Connor
June
2024
Article
, Page 24
Distinguishing admission from damages allocation, and meeting and exceeding foundational hurdles.

Avoiding the Medical Malpractice Money Pit

By James H. Dawdy
June
2024
Article
, Page 34
Medical malpractice cases can lead unsuspecting attorneys down a path of big expenses and bottom-dollar settlements.

Genuine issue of material fact on question of apparent agency exists when a patient is not informed that their physician is an independent contractor

April
2024
Illinois Law Update
, Page 14
On Jan. 25, 2024, the First District of the Illinois Appellate Court held that a genuine issue of material fact exists as to apparent agency when a hospital patient does not know their physician is an independent contractor.

Prejudgment interest statute does not violate the Illinois Constitution

October
2023
Illinois Law Update
, Page 14
On July 14, 2023, the Fourth District of the Illinois Appellate Court held that a statute allowing for prejudgment interest does not violate the Illinois Constitution.

Attending physician owes a duty of care to patient when the physician is a member of the patient’s care team and exercised medical judgment

January
2023
Illinois Law Update
, Page 14
On Oct. 6, 2022, the Fourth District of the Illinois Appellate Court held that an attending physician owed a duty of care to a patient when the doctor was a member of the patient’s care team and exercised medical judgment regarding the patient.

Highly extraordinary patient’s death rebuts causation in medical malpractice claim

June
2021
Illinois Law Update
, Page 14
On March 22, 2021, the Illinois Supreme Court found that a clinic’s failure to schedule a timely follow-up appointment for a patient was not the proximate cause of the patient’s death from a highly extraordinary disease arising outside of the recommended appointment’s timeframe.

Trial court has discretion to dismiss complaint without prejudice when section 2-622 affidavit is not filed

December
2020
Illinois Law Update
, Page 16
On Sept. 21, 2020, the Third District of the Illinois Appellate Court held that a trial court has discretion to dismiss a medical malpractice case without prejudice for untimely filing an affidavit required under 735 ILCS 5/2-622 of the Code of Civil Procedure.

The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622

By Christopher Michels
February
2019
Article
, Page 32
When bringing a healing-arts malpractice claim in Illinois, who should bring the suit, what statutes are helpful, and what damages can be sought? What does section 2-622 require?

Medical malpractice insurance rules and rate filings reinstated

March
2015
Illinois Law Update
, Page 20
On December 19, 2014, the Department of Insurance amended the Part titled Medical Liability Insurance Rules and Rate Filings to comply with a 2010 Illinois Supreme Court ruling. 50 Ill. Adm. Code 929 (eff. Dec. 19, 2014).

Increased oversight for medical therapy and imaging services

August
2014
Illinois Law Update
, Page 372
New quality assurance and oversight standards for computed tomography ("CT"), radiation therapy, electronic brachytherapy, and digital imaging went into effect on May 29, 2014. 32 Ill. Adm. Code 360.

Blaming the Patient: Medical Malpractice and Contributory Negligence

By Robert P. Vogt
June
2014
Article
, Page 288
What constitutes contributory negligence in the med-mal context? This article explains the basics.

The Good Samaritan Act does not immunize physicians providing services on a compensated basis, regardless of whether the patient is billed

June
2014
Illinois Law Update
, Page 272
On March 20, 2014, the Illinois Supreme Court, as a matter of first impression, held that the term "fee" in the Good Samaritan Act includes a doctor's hourly compensation, including instances where the doctor is paid but the patient is not directly billed for the services provided.

Good Samaritan Act doesn’t shield on-duty emergency doctors

By Janan Hanna
May
2014
LawPulse
, Page 214
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.

Preserving the Peer Review Privilege in Med-Mal Cases

By Margaret J. Lowery
April
2014
Article
, Page 176
Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.

Supreme court: IPI instruction misstates med-mal standard of care

By Helen W. Gunnarsson
September
2011
LawPulse
, Page 434
An Illinois Pattern Jury Instruction doesn't state the correct standard for determining whether a physician's conduct was reasonable in a med-mal case, the Illinois Supreme Court ruled.

Supreme court: med-mal statute of repose limits implied indemnity claims

By Helen W. Gunnarsson
March
2011
LawPulse
, Page 118
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Judicial Versus Legislative Authority after Lebron

By Professor Jeffrey A. Parness
June
2010
Column
, Page 324
The med-mal caps ruling continues the age-old battle over separation of powers.

Illinois Supreme Court: statutory med-mal caps are unconstitutional

By Helen W. Gunnarsson
March
2010
LawPulse
, Page 122
By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.

Proving Proximate Cause in Malpractice Cases

By Terrence J. Lavin & Kristina M. Lau
May
2009
Article
, Page 254
Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.

A dismissal granting leave to amend is not a final adjudication

February
2009
Illinois Law Update
, Page 70
 On December 2, 2008, the Illinois Appellate Court, Second District, reversed and remanded the judgment of the Circuit Court of Lake County granting the defendants' motions to dismiss and dismissing the plaintiff's medical malpractice complaint.

Supremes: the Best approach to tort reform survives

By Helen W. Gunnarsson
August
2008
LawPulse
, Page 384
 The supreme court holds that a med-mal plaintiff is entitled to a 90-day extension to file her certificate of merit - and that a 2004 law didn't reenact the version of 2-622 invalidated in Best v Taylor.

No in personam jurisdiction over Indiana clinic

March
2008
Illinois Law Update
, Page 124
On December 28, 2007, the Illinois Appellate Court, First District, reversed the holding of the Circuit Court of Cook County denying the defendant's motion to dismiss for lack of in personam jurisdiction.

Time between voluntary dismissal and refiling does not affect reasonable diligence assessment

February
2008
Illinois Law Update
, Page 72
On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b). 

Strong public policy to disclose patient names to newspaper cannot override privacy

June
2007
Illinois Law Update
, Page 292
On April 9, 2007, the Illinois Appellate Court, Fifth District, affirmed the Circuit Court of Washington County's denial of the intervener's request that the court unseal the names of certain medical patients contained in a previous court order. 

Extra fees for extra effort - a win in the appellate court

By Helen W. Gunnarsson
February
2007
LawPulse
, Page 66
The appellate court reversed the trial court's rejection of a plaintiff's firm's argument that its extraordinary effort justified fees that exceeded the statutory med-mal limit.

Lawsuit challenges med-mal caps

By Helen W. Gunnarsson
January
2007
LawPulse
, Page 8
The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.

Expanding the Use of Medical Treatises in Illinois Trials

By Terrence J. Lavin & Michelle L. Wolf
August
2006
Article
, Page 426
The authors argue that following the federal approach would produce a better-informed jury.

When the doctor is the patient - and a med-mal defendant

By Helen W. Gunnarsson
August
2006
LawPulse
, Page 398
Should a defendant-doctor's medical records be available to a plaintiff who alleges that the doctor's poor health caused him to deliver substandard care?

Medical Malpractice and the Tort System in Illinois

By Neil Vidmar
July
2005
Article
, Page 340
According to an ISBA-commissioned report, the increase in doctors' liability insurance premiums apparently has not been caused by runaway juries.

Getting the Most from Medical Witness Treaters and Experts: A Trial Lawyer’s Guide

By Terrence J. Lavin
May
2005
Article
, Page 246
How to find and use physicians and other medical witnesses.

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