Should an active member of the United States military be able to sue the United States Government for medical malpractice? The answer according to the United States Supreme Court in Feres v. The United States, 24 U.S. 135 (1950) is no. The Feres doctrine, as it is commonly know, prohibits an active member of the military […]
In what is being reported as a Chicago example of a growing trend nationwide, a 77 year old man south-side nursing home resident was killed by his 50 year-old mentally ill roommate. Over the past several years nursing homes have become common places to put mentally ill adults who have nowhere else to go. The […]
Our clients often ask us about damages in medical malpractice cases. Sometimes they tell us that they aren’t interested in financial compensation and only want to do something to make sure that their doctor doesnt hurt anybody else. The remedy in civil medical malpractice is financial. When we proceed with a medical malpractice lawsuit we […]
Survivors of a victim of a wrongful death that occured before May 31, 2007 in Illinois were limited under the Illinois Wrongful Death Act to recover only pecuniary loses completely discounting the survivors grief from consideration. Pecunary loss includes the loss of benefit of the decedent’s love, affection, care, attention, companionship, guidance and protection. Now an […]
Often times when we meet with new clients in our Chicago office they tell us that they are most upset about the fact that no one has ever said they are sorry after a tragic event occurs. Lawyers and insurance companies have for years advised their doctor clients to deny and defend. The rationale behind […]
Bloomberg News is reporting that drug maker, AstraZeneca has concealed unfavorable studies linking the prescription drug Seroquel to Diabetes. Emails turned over as part of litigation related to the drug Seroquel have revealed that AstraZeneca “buried” studies with bad outcomes. More than 15,000 people have filed lawsuits claiming the drug maker failed to warn its users […]
The Chicago Sun-Times is reporting that workers at the Itasca nursing home that allowed Sarah Wentworth to wander outside and die in the freezing cold weather could face criminal charges. According to Dan Rozek, Sun-Times Staff Reporter, a grand jury has been convened in DuPage County to consider charging certain members of the staff of […]
The 7th Circuit Court of Appeals in Chicago has ruled that the subsequent remedial measure of putting suicide-related warnings on the packaging of the anti-depressant drug Effexor is not admissible in a case where a suicide victim has sued the manufactuer of the drug. Jeff Giles, a southern Illinois coal miner, was diagnosed with major depressive […]
In 2005 the Illinois legislature enacted the Medical Malpractice Reform Act. The law is nothing new to the State of Illinois. Twice before this type of law was enacted and subsequently struck down as a violation of the state constitution. The Supreme Court has twice decided in favor of patients and against the insurance companies […]
What is a lien? A physician is allowed to put a lien against any future settlement that comes out of that lawsuit. Or, a physician might be able to enter into a contract with a patient allowing the doctor to put a lien on whoever is responsible for his payment after the case is settled […]
