The Illinois Supreme Court has decided an appeal as to whether or not res judicata in a refiled medical-malpractice complaint barred its refiling. In the underlying case, Brandon and Daphne Wilson claimed that Edward Hospital in Naperville, Ill., was liable for the negligence of doctors under the theory of actual…
Sue Carter brought Joyce Gott to the Odin Nursing Home in 2005. Carter signed an arbitration agreement as Gott’s “legal representative.” Gott also signed an arbitration agreement with Odin after she was admitted to the nursing home facility. Carter’s lawsuit filed against Odin claimed that the nursing home’s negligence caused…
Privilege is a legal term that infers an exception from a particular rule or requirement. For example, attorney-client privilege refers to the fact that attorneys are not required to disclose information gained from communication with their clients. However, the concept of privilege is not limited to the law alone. Doctor-patient…
There’s an old saying that there are two sides to every story – in civil litigation, the plaintiff’s attorney present one side of the story to the jury while the defendant’s attorney presents the other. In order to ensure that the facts are fair and that neither party presents information…
An Illinois obstetrician appealed a $500,500 medical malpractice verdict against him in Lisa Babikian v. Richard Mruz, No. 1-10-2579. Dr. Mruz argued that the plaintiff’s attorney had prejudiced the Cook County jury against him. The appellate court disagreed and dismissed the defendant’s mistrial claims. However, the appellate court did grant…
The Illinois Supreme Court ruled as to the statute of limitations regarding the Illinois lawsuit of Kristen Kaufmann v. Roger A. Schroeder, M.D., Jersey Community Hospital, a municipal corporation, et al., No. 109738. While the plaintiff argued that she had filed her claim well within the two year statute, the…
A recent Illinois Supreme Court decision changed the way damages can be sought under the Illinois Nursing Home Care Act. The Court ruled unanimously in a 6-0 ruling that punitive damages cannot be awarded for wrongful death cases under the Nursing Home Care Act in Thomas Vincent v. Alden-Park Strathmoor,…
The Illinois Appellate Court has found that a medical expert in a medical malpractice case may be impeached with the use of the physician’s §2-622 (Illinois Code of Civil Procedure) report as a prior inconsistent statement. This issue before the court was one of first impression in the state and…
The Illinois Appellate Court affirmed a trial court decision to treat a defendant doctor’s response to a plaintiff’s request to admit facts as evidentiary evidence rather than a judicial admission. The legal ruling arose out of an Illinois medical malpractice lawsuit involving complications following a surgeon’s attempt to reverse a…
An Illinois Appellate Court reviewed an Illinois medical malpractice case to determine whether references to the defendant doctors’ military service had prejudiced the jury against the plaintiff and contributed to its not guilty verdict. After reviewing the facts of the case, the court held that the comments had not prejudiced…