Mary McNair had knee replacement surgery at Rush University Medical Center. The surgery did not go as expected and left her with permanent injuries. On April 8, 2014, she filed a medical malpractice lawsuit against Rush University Medical Center alleging medical negligence related to the anesthesia and post-anesthesia care. She…
In a recent article appearing in the Harvard Law Record, the title of the article says it all: “Civil Trials Are Fast Becoming Extinct.” Civil jury trials and bench trials have seen a dramatic decline since 1986. This trend has followed in both state and federal courts and includes criminal cases…
The family of Jill Prusak brought a medical malpractice lawsuit against a doctor and two hospitals. Prusak died in November 2013. The lawsuit brought by Sheri Lawler on behalf of the family of Jill Prusak was filed in April 2014 within the two-year statute of limitations for a wrongful-death case. The…
Jennifer Lee, 17, was injured during a physical education class at her Naperville North High School. Section 13-211 of the Illinois Code of Civil Procedures states that when a minor is injured by a negligent act she will get two years from her 18th birthday to sue. However, in this…
A trial judge in Jackson County, Ill., refused to follow the case law found in Stanton v. Rea, 2012 IL App (5th) 110187 when calculating the amount of the hospital’s lien amount. In the case of Alma McVey, who was injured after a waitress dropped a tray of drinks on…
A wrongful-death case was brought against One Hope United Inc., one of its employees and the Cook County public guardian who was acting as administrator of 7-month-old Marshana Philpot. One Hope provides services to troubled families under a contract with the Illinois Department of Children and Family Services (DCFS). One…
In Illinois, legislation has been passed three times to limit recoveries in medical negligence claims. Each time the Illinois Supreme Court has overturned such restrictions on the ground that they are unconstitutional. Missouri is going through the same exercise once again. About ten years ago, Missouri last limited some civil…
Richard Cholipski sued three contractors in Chicago for injuries he claimed that he suffered in a construction accident. Defendants requested and received permission to file a contribution claim three years after Cholipski’s lawsuit was filed. They accused in their contribution action that Cholipski’s physician was guilty of medical malpractice, thus…
The plaintiff in this case, Lee Ann Sharbono, filed a lawsuit claiming medical negligence against the defendant Dr. Mark Hilborn, a board-certified radiologist. In the lawsuit it was alleged that Dr. Hilborn had chosen not to timely diagnose Sharbono’s breast cancer. After the trial, the jury found for Dr. Hilborn…
The Illinois Supreme Court has reversed an Illinois Appellate Court ruling concluding that Section 3.150(a) of the Emergency Medical Services Systems Act immunizes an ambulance driver in a non-emergency transfer of a patient. According to the Act, Section 3.150(a), “Any person . . . certified, licensed or authorized pursuant to…