Preserving the Peer Review Privilege in Med-Mal CasesBy Margaret J. LoweryApril 2014Article, Page 176Properly 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.
Proving Proximate Cause in Malpractice casesBy Terrence J. Lavin and Kristina M. LauMay 2009Article, Page 254Illinois 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 adjudicationFebruary 2009Illinois Law Update, Page 70On 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 survivesBy Helen W. GunnarssonAugust 2008Lawpulse, 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 clinicMarch 2008Illinois Law Update, Page 124On 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.
Lawsuit challenges med-mal capsBy Helen W. GunnarssonJanuary 2007Lawpulse, Page 8The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.
Expert’s affidavit establishes prima facie case of medical malpracticeNovember 2004Illinois Law Update, Page 568On August 17, 2004, the Illinois Appellate Court, Fourth District, affirmed in part and reversed in part the decision of the Circuit Court of Sangamon County that granted the defendant's motion for summary judgment in a medical malpractice action.
Can cities cap med-mal damage awards?By Helen W. GunnarssonSeptember 2004Lawpulse, Page 450Does home rule authority really empower cities to regulate medical malpractice litigation? Not likely, observers say.
Malpractice Wars Redux: The Same Old SongBy Terrence J. LavinApril 2004Column, Page 168The temporary custodian of the office of ISBA president never exactly knows what issues and challenges will surface during his/her year at the helm.