Publications

Articles on Medical Malpractice

Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court

By Robert P. Vogt
February
2003
Article
Page 72
Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.

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.

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