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Statute of Limitations Does Not Bar Wrongful Death Claims In Medical Malpractice Cases When Plaintiff Dies Midway Through Litigation
The Illinois Appellate Court, First District has decided that when a plaintiff dies during medical malpractice litigation, even after the statute of limitations has run, the estate can add a wrongful death claim. Previously, plaintiffs were faced with inconsistent statutes which made this scenario unclear. In Lawler v The University of Chicago Medical Center Justice […]
Tort Reform And The Imagined Health Care Crisis
This blog entry comes courtesy of the President of the Illinois Trial Lawyers Association and was published in the February 24, 2011 edition of the Belleville News Democrat: It is once again time to set the record straight with your editorial board. There was never a health care crisis in this state and there were […]
Medicare Liens and Medical Malpractice Litigation
The Deficit Reduction Act of 2005 (DRA) overhauled Medicare’s perspective on payment for medical care related to “never events” including a list of delineated hospital acquired conditions. Hospitals will no longer receive reimbursement for conditions that are (a) high cost or high volume or both, (b) result in the assignment of a case to a […]
Goldberg & Goldberg, LLC Secures A $1,000,000 Settlement In Rockford Medical Malpractice Case
Goldberg & Goldberg, LLC partner, Ian R. Alexander, secured a $1,000,000.00 settlement in the case of Newburg v. Swedish American Hospital, et al 02 L 263 which is pending in Winnebago County, Rockford, Illinois. In 2001, the day before Thanksgiving, Margaret Hoffman went to Swedish American Hospital complaining of chest and back pain. Doctors in […]
Illinois Supreme Court Rules In Favor Of Patient On Medical Malpractice Reform
The Illinois Supreme Court in a 4-2 decision struck down limits on damages awards in medical malpractice cases with its decision in Lebron v. Gottlieb Memorial Hospital on thursday. The court held that the legislation was unconstitutional. The majority opinion, authored by Justice Fitzgeral held, in part: “[W]e necessarily consider…the legislature’s goal in enacting the […]
Actor James Woods Settles Medical Malpractice Case And Gets An Apology
Hollywood actor James Woods setttled a medical malpractice case brought on behalf of his brother who died while he was a patient in the Emergency Room of Kent Hospital in Kent County, Rhode. The Providence Journal Online Edition is reporting that while the financial terms of the settlement are confidential, the hospital took the unusual […]
Don’t Get Sick On Christamas: Medical Malpractice Over The Holidays
Conventional wisdom says don’t get sick over the holidays. Hospitals are understaffed, doctors are distracted and the overall quality of medical care is diminished at even the finest of institutions. Over and over again we see cases at otherwise fine Chicago area hospitals that have one thing in common. The negligence occurs over the Thanksgiving, […]
Medical Malpractice And Tort Reform: Enough Already
Joanne Doroshow wrote an excellent article in the Monday, November 9, 2009 edition of The Huffington Post called Medical Malpractice Tort Reform – We Are Already Suffering And Don’t Need More. She points out that unless you are currently living under a rock you have heard the term “tort reform” but, sadly, probably don’t know […]
Illinois Law Protects Brain Injured Children’s Right To File Lawsuits
In Illinois there is a stautue of limitations on medical malpractice claims which generally prohibits filing of a lawsuit two years from the date of malpractice or two years after the malpractice is discoverd. The statute of repose sets an outside tail date for filing such claims after four years have elapsed from the time […]