In a case of “first impression”, an Illinois appellate court upheld a jury verdict against Silver Cross Hospital in Joliet, for “negligent credentialing” by allegedly appointing and re-appointing a podiatrist despite the fact that he did not meet the requisite criteria for receiving certain privileges. Frigo v. Silver Cross Hospital and Medical Center, 876 N.E.2d… Read More
Medical Malpractice Discovery Involving the Illinois Medical Studies Act
All Experienced Chicago, IL Medical Malpractice Lawyers engaged in discovery with medical professionals or hospitals have come across the the following objection: “Objection; calls for privileged information protected by the Illinois Medical Studies Act.” To respond intelligently, and in a way that protects your client’s rights to all discoverable information in his or her case,… Read More
Federal Judge in Illinois Limits Scope of ‘Patient Dumping’ Claims
A federal district court judge for the Northern District of Illinois held that a woman who suffered a miscarriage after waiting in an emergency room at Sherman Hospital for 90 minutes to see a doctor could not seek recourse under a federal statute barring “patient dumping.” However, the judge stressed that the plaintiff may still… Read More
Chicago Birth Injury Settlement Involving Mentally Disabled Child
Chicago Birth Injury Lawyers took note of a recent medical malpractice settlement on behalf of the mother of a child born mentally disabled and prone to seizures. The mother filed the Chicago birth injury lawsuit against University of Chicago Medical Center, alleging that the hospital failed to deliver her daughter without delay, despite the fetal heart rate… Read More
Doctor Owed No Duty to Warn Testing Volunteer of Abnormal Heart Test Results in Medical Malpractice Action
An Illinois appellate court recently affirmed a summary judgment dismissal of a Chicago Medical Malpractice Lawsuit brought on behalf of the Estate of Victor Siwa (“Victor”), who died of heart condition. The medical malpractice and wrongful death complaint alleged that the defendant doctors and hospital failed to warn Victor of the seriousness of his abnormal… Read More
Oncologist Expert Held Unqualified to Testify Against Surgeon
The First District Illinois Appellate Court held that an oncologist was not qualified to testify as an expert witness against a surgeon accused of failing to diagnose a patient’s lymphoma. Carol and Robert McWilliams v. Donald Dettore, et al., No. 1-07-0678. This case highlights the importance of Chicago Medical Malpractice Attorneys selecting the most qualified… Read More
Medical Malpractice Complaint Improperly Dismissed Based on Lack of Diligence in Obtaining Service
Attorneys in Illinois, notably Chicago medical malpractice lawyers, must exercise “reasonable diligence to obtain service on a defendant” after filing a lawsuit; otherwise, the case may be dismissed. Illinois Supreme Court Rule (“Rule”) 103(b). In Case v. Gallesburg Cottage Hosp., 227 Ill. 2d 207 (Ill. 2007), the Illinois Supreme Court held that a trial court… Read More
Hospital’s Institutional Negligence
An Illinois Appellate Court, in Longnecker v. Loyola University Medical Center, recently reversed a trial court’s order and reinstated a $2.7 million jury verdict against Loyola University Medical Center. The plaintiff, as administrator of the estate of her deceased husband, Carl Longnecker, filed a Chicago medical negligence lawsuit against Dr. Sirish Parvathaneni and Loyola Medical… Read More
Medical Society Peer-Review Authority
Matthew A. Passen, attorney for theChicago personal Injury law firm of Passen & Powell, recently published an article in the Chicago Bar Association’s CBA Record magazine titled, “Courts Address Medical Societies’ Peer Review Authority: Professional Self-Regulation or Witness Intimidation?” Mr. Passen addresses a number of legal and ethical issues surrounding the recent expansion of medical… Read More
Medical Malpractice Jury Instruction Called Into Question
Illinois appellate court, in Matrese v. Buka, No. 1-06-2276 (1st Dist. Oct. 31, 2008), recently held that the trial court did not commit error in instructing the jury using a 2005 Illinois Pattern Jury Instruction (“IPI”) defining “professional negligence”, rather than the revised 2006 IPI. The plaintiff filed an Illinois medical malpractice lawsuit action against the… Read More