In last night’s highly-anticipated speech to the nation regarding his plan for Health Care Reform, President Obama opened the door to the possibility to one area of reform being pushed by the insurance and medical lobbyists: medical malpractice tort reform. This portion of President Obama’s speech came as a huge blow to personal injury lawyers,… Read More
Medical Malpractice Tort Reform: What About Patients’ Rights?
The health care debate continues to take center stage as Congress returns from break. Along with calls for a “public” option or a “cooperative” option, fingers are once again being pointed at tort reform, specifically medical malpractice reform. Unfortunately, the discussion has centered around medical malpractice attorneys and medical professionals, rather than the real parties… Read More
‘Sorry’ Doesn’t Cut it in Serious Medical Malpractice Cases
A recent story from the Associated Press notes how the University of Michigan Health System has adopted a policy of admitting mistakes and offering compensation to victims of medical malpractice before patients retain a medical malpractice lawyer and files a lawsuit. In theory, this policy sounds great. The story quotes the hospital’s chief risk officer… Read More
Distinguishing Medical Malpractice From An Unfortunate Result
One of the most difficult decisions all top medical malpractice lawyers have to make is whether to accept a new medical negligence case. Every day, our attorneys speak with potential clients, many of whom have been permanently injured or deceased family members as a result of medical complications. They come to us with the same… Read More
President Obama Rejects Caps On Damages In Medical Malpractice Cases
President Obama’s speech at the annual conference of the American Medical Association in Chicago was a highly anticipated event, not only for casual followers of the President’s political agenda, but also for Chicago medical malpractice lawyers. Health care reform is front and center, once again, and so is the issue of “tort reform.” Medical malpractice… Read More
Spoliation of Evidence in Illinois Medical Malpractice Actions
To prove a “spoliation of evidence” claim relating to an Illinois medical malpractice action, the plaintiff (and his or her Chicago medical malpractice lawyer) must show that “but for” the missing evidence, it had a “reasonable probability of succeeding” in the underlying medical malpractice case. Midwest Trust Services, Inc. v. Catholic Health Partners Services, No…. Read More
Hospital, Not Surgeon, Liable for Sponge Left Inside Illinois Medical Malpractice Patient
A recent Illinois appellate court case, Forsberg v. Edward Hospital, No. 2-08-0243 (Ill. App. Ct. 2d Dist April 8, 2009), highlights the importance of supporting a medical malpractice case with medical expert testimony, even where the alleged negligence is obvious. In Forsberg, the plaintiff sued defendants Edward Hospital and surgeon David Piazza, M.D., for medical… Read More
Complying With Affidavit Requirement in Illinois Medical Malpractice Cases
In Illinois, to file a medical malpractice action, the plaintiff’s attorney must file an affidavit and written report pursuant to Section 2-622 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-622. Because it often takes months to secure the relevant medical records, locate a qualified medical expert, and obtain an affidavit and written report… Read More
Sole Proximate Cause, Special Interrogatories, and the Two-Issue Rule in Illinois
Illinois personal injury trial lawyers should take note of a recent Illinois First District appellate court case, Tabe v. Ausman, 388 Ill. App. 3d 398 (1st Dist. 2009), dealing with the relationship between the “sole proximate cause” instruction, the “two-issue rule,” and the requirement for submitting Special Interrogatories to the jury. This case is sure… Read More
Illinois Appellate Court Extends Damages for Wrongful Birth Actions
In a win for victims of medical malpractice involving “wrongful birth,” an Illinois Appellate Court recently extended the damages available in such actions. Illinois medical malpractice lawyers handling wrongful birth cases must take note of this decision. This author has previously written about the need to extend damages for wrongful birth causes of action in… Read More