Illinois medical malpractice laws Archives - Medical Malpractice Lawyers

Illinois Appellate Court Addresses Cohabitation Effect On Loss Of Consortium Claim In Medical Malpractice Wrongful Death Case

May 30, 2026

In its Opinion filed on March 31, 2026, the Appellate Court of Illinois First District Sixth Division stated: “We turn to the claim that defendants are entitled to a new trial due to the trial court’s rulings, both before and during trial, barring reference to plaintiff’s romantic relation[...]

Illinois Appellate Court Rules Statute Of Repose Precludes Medical Malpractice Claim

June 5, 2024

Plaintiff Kirk Hild, as administrator of Dean Hild’s estate, appealed the dismissal of Dean Hild’s complaint against defendants Lakeshore Infectious Disease Associates, LTD. and James Sullivan, M.D. Plaintiff alleged that defendants were negligent in treating his Cushing syndrome. The issue on a[...]

Illinois Supreme Court Allows Medical Malpractice Discovery Respondent To Be Converted To Defendant

November 27, 2023

Section 2-402 of the Code is a statutory procedure whereby a plaintiff in a civil action is permitted to name as respondents in discovery “those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who shoul[...]

Illinois Appellate Court Denies Hospital Vicarious Liability For Medical Malpractice Claim

July 30, 2023

Court Denies Hospital Vicarious Liability Claim: On November 5, 2013, Josef Stelzer saw his regular physician, Dr. Carl Lang, for his annual exam. Dr. Lang practiced through NCH Medical Group, an entity that is separate from but related to NCH. When Stelzer’s electrocardiogram results came back ab[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Illinois Appellate Court Revives Dismissed Medical Malpractice Case Due To Misconduct And Serious Illness Of Plaintiff’s Lawyers

October 20, 2022

Court Revives Case Due To Misconduct; Serious Illness Of Lawyer: The Appellate Court of Illinois First Judicial District Second Division (“Illinois Appellate Court”) stated in its Order dated February 1, 2022 in an Illinois medical malpractice case where the plaintiff’s first lawye[...]

Illinois Supreme Court Finds Medical Malpractice Plaintiff Satisfied Res Ipsa Loquitur Requirements In Hip Replacement Malpractice Claim

September 17, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”), in its opinion dated June 24, 2022, held that the plaintiff in an Illinois medical malpractice case had met the requirements of res ipsa loquitur and therefore it was error for the trial court to dismiss his medical m[...]

Illinois Appellate Court Holds Settlement With Medical Malpractice Physician Extinguished Vicarious Liability Claim Against His Employer

February 3, 2022

The Appellate Court of Illinois Fifth District (“Illinois Appellate Court”) held in its Order dated January 7, 2022: “After reviewing the allegations in count I, as pled, it is reasonable to conclude that the plaintiff’s claim against Physician Services was based solely on a theo[...]

Illinois Appellate Court Revives Hip Replacement Surgery Res Ipsa Loquitur Medical Malpractice Case

December 1, 2021

In its Opinion filed on October 28, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) stated in a surgical hip replacement medical malpractice case: “a plaintiff need demonstrate only a prima facie case of the elements of res ipsa loquitur to be ent[...]

Illinois Appellate Court Discusses Role Of Consultant Experts In Medical Malpractice Case

March 30, 2019

The issue decided by the Appellate Court of Illinois First District (“Illinois Appellate Court”) in its opinion dated March 15, 2019 was whether a party who has disclosed a witness as a testifying expert may thereafter redesignate that witness as a consultant whose opinions and work prod[...]

Illinois Appellate Court Discusses Forum Non Conveniens In Medical Malpractice Case

July 23, 2015

In an Order filed on July 15, 2015 by the Appellate Court of Illinois Fifth District (“Appellate Court”), the Appellate Court discussed the equitable doctrine of forum non conveniens in the context of a medical malpractice case where the defendant, who lived in Illinois, tried but fail[...]

Illinois Bill To Adjust Cap On Medical Malpractice Attorneys Fees Passes In Senate

January 7, 2013

Senate Floor Amendment 2 to Illinois House Bill 5151, which passed in the Illinois Senate on January 3, 2013 on a 36-15 vote, would cap attorneys’ fees in medical malpractice cases at one-third of a plaintiff’s award and would bar lawyers from petitioning the court for higher fees in medical[...]

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