Michelle Morrison, a senior account representative in the Alexian Brothers Behavioral Health Hospital’s billing department, sent a woman referred to here as “Jane Doe” and others “vile and shocking” letters on the hospital’s letterhead. Morrison was fired in July 2010 for using the hospital’s computer system for personal searches. After…
A Texas Appellate Court has held that a trial court had not erred in denying a defendant’s motion to dismiss based on a plaintiff expert physician’s failure to perform the procedure at issue in the case within the last 20 years. Alice Waggoner sued physician Dr. Carl Jones, maintaining that…
St. Luke’s Surgicenter-Lee’s Summit LLC appealed the circuit court’s judgment against St. Luke’s after a jury trial. The gist of the claim was for negligent credentialing. The claim had been brought by the plaintiff, Thomas E. Tharp and Paula M. Tharp, his wife. The jury found in favor of the…
The Illinois Supreme Court was asked to determine whether this special interrogatory given to the jury in this lawsuit was in proper form and whether the jury’s answer to the special interrogatory was inconsistent with its general verdict in the plaintiff’s favor. The Circuit Court of Winnebago County held that…
On May 6, 2019, the Illinois Appellate Court overturned a $25,000 settlement between a patient and doctor and revived a potentially far greater contribution claim brought against the doctor by the patient’s employer. The original lawsuit stems from a Federal Employer’s Liability Act (FELA) case wherein Antwon M. Ross sued…
The State Supreme Court of Rhode Island has held that a trial judge improperly ordered a new trial based on the judge’s conclusion that a jury had misjudged the credibility of a witness. In this case, Stacia Aptt filed a lawsuit against Dr. Michael Baaklini alleging that the doctor had…
In this medical malpractice lawsuit, injuries were suffered by the plaintiff, Lisa Swift, during a 2010 laparoscopic hysterectomy by the defendant Dr. David J. Schleicher. During this surgical procedure, Dr. Schleicher perforated Swift’s small bowel with three through-and-through holes. The doctor chose not to diagnose the perforations until four days…
A neuropathologist, Dr. Meena Gujrati, and her employer, Central Illinois Pathology, were named as defendants in a medical-malpractice lawsuit brought by Rebecca Gapinski who alleged that this doctor misdiagnosed Daniel Gapinski’s brain tumor as being benign. Right before the start of the jury trial, Dr. Gujrati requested permission to proceed…
A decision by a McHenry County, Ill., trial court dismissing the medical malpractice lawsuit on the grounds of res judicata bar on claim-splitting has been reversed by the Illinois Appellate Court. In this medical negligence lawsuit, the trial judge erroneously determined that only an express agreement from defendants could satisfy…
In this medical negligence case, the Illinois Appellate Court took an interlocutory appeal on an issue of first impression regarding the application of the Petrillo doctrine on a unique set of facts. The plaintiff, Jacqueline McChristian, who was injured by a podiatrist, Dale Brink, DPM, claimed that the trial court…