Publications

Illinois Bar Journal
Articles on Medical Malpractice

Affidavits of expert witnesses must comply with the plain language of Illinois Supreme Court Rule 191(a) September 2002 Illinois Law Update, Page 454 On June 20, 2002, the Illinois Supreme Court reversed the appellate court and upheld the trial court's decision to reject the affidavit of the plaintiff's medical expert.
The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose By Michael P. Cogan September 2002 Article, Page 476 The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.
In absence of additional evidence, a signed consent form indicating plaintiff’s anesthesiologist was an independent contractor was sufficient to show that codefendant hospital did not “hold out” the doctor as its apparent agent July 2002 Illinois Law Update, Page 344 On April 26, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of Kane County in granting codefendant hospital's motion for summary judgment.
Availability of access to records of psychological treatment further narrowed May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.
Correspondence from Our Readers April 2002 Column, Page 162 Must the author of a "certificate of merit" be disclosed?
Healing-Art Malpractice Report: Must the Reporter be Identified? By David F. Monteleone February 2002 Article, Page 93 This author argues that plaintiffs can ignore the disclosure provisions.
Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.
Illinois Supreme Court 2000: The Last Work of the Court as We Knew It By Nancy J. Arnold and Tim Eaton April 2001 Article, Page 174 The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.
The Lawyer’s Journal By Bonnie C. McGrath March 2001 Column, Page 112 Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.
The Expanding Scope of HMO Liability in Illinois By Michelle M. Jochner February 2001 Article, Page 64 A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.
The Lawyer’s Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Retained Experts’ Opinions in Medical Malpractice Cases By Terrence J. Lavin January 2001 Article, Page 39 Rule 213 pointers for med-mal lawyers.
A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician December 2000 Illinois Law Update, Page 690 On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.
Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct October 2000 Illinois Law Update, Page 563 On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.
County hospital and employees immune from liability for failure to diagnose breast cancer August 2000 Illinois Law Update, Page 438 On June 15, 2000, the Illinois Supreme Court affirmed the lower court's grant of summary judgment to the defendants under the Local Government and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1-101 et seq. (West 1992)).
The Lawyer’s Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
The Lawyer’s Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
Supreme Court Rule 219(e) does not confer on circuit courts the authority to deny pretrial motions for voluntary dismissal that meet the requirements of section 2-1009(a) of the Code of Civil Procedure June 2000 Illinois Law Update, Page 310 Ronald Morrison brought a medical malpractice action against C. G. Wagner, a radiologist; Michael Feely, a neurosurgeon; and St. Mary's Hospital.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
The Lawyer’s Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
The Scope and Substance of Medical Expert Cross-Examination By John M. Stalmack and Kelly A. Giampa November 1998 Article, Page 612 A comprehensive review of permissible cross-examination of medical experts under Illinois law.