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Articles Posted in Illinois Civil Procedure

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Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law

This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court. The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under…

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Illinois Appellate Court Affirms Dismissal of Wrongful Death Claim for the Expiration of the Statute of Limitations on Negligence

On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before. The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December…

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Illinois Appellate Court Grants Motion for New Trial in Medical Malpractice Death Case from Pulmonary Embolism

The plaintiff Mary Sikora was the independent administrator of the estate of Chris Allan Sikora, deceased. Sikora brought a lawsuit against the defendant, Nirali R. Parikh, M.D., and ManorCare of Elk Grove Village Ill., LLC d/b/a ManorCare of Elk Grove Village, in the death of her husband from a pulmonary…

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Illinois Appellate Court Reverses Discovery Order in Wrongful Death Medical Malpractice Lawsuit Relying On the Medical Studies Act

On May 13, 2015, Millicent Mnookin suffered a sudden drop in oxygen followed by cardiac arrest while she was under general anesthesia for surgery at Northwest Community Hospital. She was taken to an intensive care unit but died just two weeks later. Mnookin’s husband, Barry Mnookin, who was appointed executor…

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Illinois Appellate Court Reverses Dismissal of Medical Malpractice Case for Abusive Discretion in Denying Health Professional’s Report Within the Time Limit

According to the report of this case, the Illinois Appellate Court has reversed the dismissal of a medical malpractice case. The case had been dismissed by the trial judge on the ground that the plaintiff did not meet the requirement of filing the 90-day certificate of merit, which is required…

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Illinois Appellate Court Examines Expert Witnesses in Refiled Case

Under the Illinois Code of Civil Procedure Section 2-1009, an Illinois plaintiff is allowed to voluntarily dismiss all or part of a claim without prejudice before a trial or a hearing begins. The statute allows this process upon payment of costs. Related to Section 2-1009 is Illinois Supreme Court Rule…

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Illinois Appellate Court Reduces Jury Verdict from $22.1 Million to $7.1 Million After Plaintiff Dies the Night Before Jury’s Verdict

A medical malpractice lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice, wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her…

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Illinois Appellate Court Finds That Illinois Pattern Jury Instruction on Bad Faith Claims Does Not Accurately Express the Current State of Illinois Law

A medical malpractice lawsuit was filed in which the physician’s insurer, Illinois State Medical Inter-Insurance Exchange (ISMIE), refused to pay its $3 million policy limit to settle the case, which was brought by Alizabeth and Alvin Hana. The suit was filed against Drs. Albert and Joyce Chams and Chams Women’s…

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Illinois Appellate Court Bars Medical Expert in Wrongful Death Lawsuit

This lawsuit arose out of a wrongful-death and medical malpractice case brought by the plaintiff, Lawanda Freeman. She was the special administrator of the estate of her deceased husband, Terrance Freeman. In her complaint against the defendant, Gayle R. Crays, M.D., she alleged that Dr. Crays was negligent in the…

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Illinois Appellate Court Rules That Amended Complaint in Medical Malpractice Case Was Not Timed-Barred

The Illinois Appellate Court has ruled that Judith Simpkins’s amended complaint against St. Elizabeth’s Hospital was not timed-barred. The Illinois Appellate Court denounced discovery that includes the series of “routine practices” including boilerplate objections and “dump truck disclosures” as amounting to a “misuse of the discovery process” that “should not…

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