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Articles Posted in Appellate Practice

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Illinois Appellate Court Finds That Damages Cannot Be Reduced for Written-Off Medical Expenses

The Illinois Appellate Court for the 4th District affirmed in part, reversed in part and remanded a decision from the Winnebago County Court. Thomas Rossi, M.D., performed gastric bypass surgery on Cynthia Overstreet. Following that surgery, Overstreet complained of vomiting and nausea. She was hospitalized with neurological symptoms and later…

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U.S. District Court Declines to Rule Unconstitutional the Illinois Prejudgment Interest Act

A federal district court judge in Chicago declined to stay the prejudgment interest in a medical malpractice case, reaching a similar conclusion given by another federal judge in this highly anticipated ruling. In a written opinion recently published, U.S. District Court Judge Steven C. Seeger declined to rule on the…

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Illinois Appellate Court Affirms General Verdict Rule in Jury Trial Without Special Interrogatories

The Illinois Appellate Court for the First District affirmed the decision of a Cook County judge with respect to a jury verdict. In 2014, Jesse Perez, as independent executor of the Estate of Marilyn Medina Perez, filed this lawsuit against St. Alexius Medical Center, Jeffrey E. Chung M.D., Christopher Michael…

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Illinois Supreme Court Reverses Appellate Court and Affirms Trial Court in Medical Malpractice Case Regarding Pattern Jury Instruction

On appeal from a trial court decision, the Illinois Appellate Court answered that the circuit court abused its discretion and denied the plaintiff a fair trial by refusing to issue a non-pattern jury instruction. The instruction was about the loss of chance doctrine and a pattern jury instruction on informed…

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Illinois Supreme Court Reverses Appellate Court in Extraordinary Causation Theory in Medical Malpractice Lawsuit

This medical malpractice lawsuit alleged failure to diagnose and treat a deep vein thrombosis (DVT) in a patient’s torn Achilles tendon before the DVT progressed to a fatal pulmonary embolism. The jury signed a verdict in favor of all of the defendants who were named in the case. It was…

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Illinois Appellate Court Reverses Public Aid Lien Claim in Medical Malpractice Lawsuit

Lois K. Ries, a public aid recipient, was paralyzed by what was alleged to be medical malpractice. This took place in 2011. Her medical malpractice lawsuit was pending when she died. After settling the case for $415,000, her two sons, who were the co-executors of her estate and her sole…

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