The Appellate Court of Illinois Second District (“Illinois Appellate Court”), in its opinion filed on June 11, 2020, affirmed summary judgment granted to the defendant hospital in an Illinois medical malpractice case, holding “although Kishwaukee’s advertisements initially could have been… Read More
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Illinois Supreme Court Discusses Treating Expert Versus Consulting Expert In Medical Malpractice Case
The Supreme Court of the State of Illinois (“Illinois Supreme Court”) discussed the differences between a treating expert and a consulting expert with regard to discovery disclosures in Illinois medical malpractice cases in its opinion filed on November 19, 2020,… Read More
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Illinois Appellate Court Overturns Medical Malpractice Defense Verdict Due To Improper Closing Argument
The Appellate Court of Illinois Second District (“Illinois Appellate Court”) held in its opinion filed December 7, 2020 in an Illinois medical malpractice case: “the evidence in this case was closely balanced, making it highly probable that the repeated improper… Read More
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Illinois Appellate Court Affirms Medical Malpractice Defense Verdict In Misdiagnosed Infection Case
The Illinois Appellate Court First District Fourth Division, in its opinion filed on September 10, 2020, upheld a defense verdict in an Illinois medical malpractice case where the plaintiff alleged that the defendant physician negligently failed to diagnose him with… Read More
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Illinois Appellate Court Overturns $50.3M Birth Injury Medical Malpractice Verdict
In its opinion filed on August 21, 2020, an Illinois Appellate Court overturned a $50.3 million birth injury medical malpractice verdict, stating: “The jury heard extensive expert testimony on both sides that led to conflicting opinions as to the cause… Read More
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Illinois Appellate Court Reverses Medical Malpractice Defense Verdict To Allow Res Ipsa Loquitur Argument
The Appellate Court of Illinois First District First Division (“Illinois Appellate Court”) held in its opinion dated June 15, 2020, “We find that Willis [the plaintiff] presented sufficient evidence to permit a jury to decide whether she proved that defendants… Read More
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Illinois Supreme Court Holds EMS Act Does Not Provide Immunity To Ambulance Driver On Way To Pick Up Nonemergency Patient
The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its opinion filed on June 18, 2020 that section 3.150 of the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/3.150 (West 2016)) does not provide… Read More
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Illinois Appellate Court Allows Wrongful Death Claim For Aborted Fetus
In its opinion filed on March 31, 2020, the Appellate Court of Illinois First District First Division (“”Illinois Appellate Court”) stated, “we answer no to the certified question that asked whether section 2.2 of the Wrongful Death Act bars a… Read More
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Illinois Supreme Court Remands Birth Injury Informed Consent Claim To Trial Court
The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its opinion filed on April 2, 2020 that the Illinois birth injury medical malpractice plaintiffs failed to file the appropriate post-trial motion regarding the jury’s defense verdict… Read More
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Illinois Governor Grants Blanket, All-Encompassing Immunity To Many Health Care Professionals For Their Medical Negligence During COVID-19 Crisis
On April 1 (April Fools’ Day), 2020, Illinois’ Governor issued Executive Order 2020-19 which provides, in part: “I direct that during the pendency of the Gubernatorial Disaster Proclamations, Health Care Professionals, as defined in Section 1 of this Executive Order,… Read More
