Publications

Section Newsletter Articles on Medical Malpractice

Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Tort Law, September 2017 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Civil Practice and Procedure, December 2016 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
Protecting your clients’ healthcare licenses after a medical malpractice case: Your failure to watch out for their licenses could cost you yours By Michael V. Favia Health Care Law, September 2016 When a health care professional faces a malpractice suit there can be a variety of collateral consequences. This includes the possibility of licensure investigation and potential sanctions. In this issue of the Health Care Lawyer, an article by Health Care Section Council member Michael Favia, "Protecting Your Clients’ Healthcare Licenses After a Medical Malpractice Case: Your Failure to Watch Out for Their Licenses Could Cost You Yours" offers helpful guidance for attorneys facing such a situation.
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.
Medical malpractice: Claim intake and evaluation By Michael W. Clancy Tort Law, May 2004 The lure of a big medical malpractice settlement or verdict is undeniable-there are debts to pay, consumables to buy, leisure time to enjoy.
Medical malpractice certificates not required in litigation based on the Health Care Surrogate Act By Lee Beneze Elder Law, March 2004 Legislation enacted in 1985 included a requirement that a civil complaint sounding in medical malpractice must be accompanied by a certificate of merit signed by a medical physician.
General Accounting Office medical malpractice insurance studies Health Care Law, September 2003 Over the past several years, large increases in medical malpractice insurance rates have raised concerns that physicians will no longer be able to afford malpractice insurance and will be forced to curtail or discontinue providing certain services.
Case note: Medical malpractice certificates not required in nursing home litigation By Lee Beneze Elder Law, April 2003 Eads v. Heritage Enterprises, Inc.; Illinois Supreme Court, No. 92691; majority opinion by Justice Rarick, dissent by Justice Garman, joined by Chief Justice McMorrow and Justice Thomas; filed February 21, 2003
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.

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