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
