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…
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…
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…
Goldberg & Goldberg 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…
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…
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,…
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…
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”…
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…
Medical Malpractice attorneys won a $14 million jury verdict on behalf of a father and optometrist left bed-ridden and paralyzed resulting from a botched, unnecessary procedure in 2002. According to the lawsuit, Francis Ziadie was suffering from dizziness and slurred speech when he arrived at the emergency room. The next…