Publications

Section Newsletter Articles on Medical Malpractice

The relation back doctrine trumps the medical malpractice statute of repose By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, April 2016 The question facing the First District was whether the medical malpractice statute of repose prohibited the relation back doctrine from allowing the plaintiff to add a wrongful death claim under the Wrongful Death Act to an existing lawsuit.
Don’t call it a crisis: Examining the issue of medical malpractice tort reform and damage caps in Illinois By Damon Ritenhouse Tort Law, January 2013 A comprehensive look at medical malpractice tort reform in Illinois.
Legislative caps on medical malpractice damages strike out By Kimberly A. Davis Bench and Bar, April 2010 The Illinois Supreme Court has invalidated caps on non-economic damages in medical malpractice cases.
Missed diagnoses: Routine is the enemy of good medicine By William A. Cirignani Tort Law, May 2009 A primer for handling medical malpractice cases.
The Illinois Supreme Court defines the phrase “arising out of patient care” and clarifies the tolling provisions found in the Medical Malpractice Statute of Repose in Section 13-212 of the Code of Civil Procedure By Michele M. Jochner Bench and Bar, May 2008 In Brucker v. Mercola and Orlak v. Loyola University Health System, the Illinois Supreme Court decided two companion cases filed on the same day which provide guidance with respect to the application of the medical malpractice statute of repose found in section 13-212 of the Code of Civil Procedure (735 ILCS 5/13-212).
Liability for common bile duct injuries—Measure twice, cut once By William A. Cirignani Tort Law, April 2008 This article is designed to help someone new to bile-duct injury cases understand the medicine, and the theories of liability underlying such claims.
Madison County’s new medical malpractice rules Civil Practice and Procedure, October 2007 The Illinois Supreme Court approved Madison County’s new rules dealing with medical malpractice cases.
Reasonableness and the admission of an unpaid bill into evidence: Kunz v. Little Company of Mary Hospital and Health Care Centers By Hon. James G. Fitzgerald Smith Civil Practice and Procedure, September 2007 In this medical malpractice case, the First District Appellate Court interpreted Arthur v. Catour, 216 Ill. 2d 72, 833 N.E.2d 847 (2005), an Illinois Supreme Court case that held for the first time that unpaid medical bills may be introduced into evidence under the collateral source rule.
The medical malpractice insurance crisis: What can be done? By Patrick J. Kelley Health Care Law, March 2005 Here in Illinois we are faced with an urgent practical problem: doctors are leaving our state, and sometimes leaving the practice altogether, because of recent huge increases in their medical malpractice insurance premiums.
Case summaries By Hon. Morton Denlow, Hon. Michael Kiley, Alfred M. Swanson, and Philip Lading Bench and Bar, November 2002 Cases of interest to Bench & Bar practitioners.