Illinois medical malpractice lawyers Archives

Illinois Supreme Court Rules Plaintiff Did Not Have Standing In Medical Information Data Breach Lawsuit

March 16, 2025

The plaintiff, Rebecca Petta, filed a class-action complaint in the circuit court of Champaign County against the defendant, Christie Business Holdings Company, P.C., doing business as Christie Clinic (“Christie”). The complaint alleged that Christie negligently failed to prevent its pat[...]

Illinois Supreme Court Holds Wrongful Death Beneficiary May Recover Loss Of Material Services Damages After Remarriage

November 16, 2024

The Supreme Court of the State of Illinois held in its September 19, 2024 Opinion: “in a claim under the [Wrongful Death] Act, a plaintiff’s remarriage does not affect the damages recoverable for the loss of a decedent’s material services. We therefore affirm judgment of the appellate cour[...]

Illinois Appellate Court Revives Medical Malpractice Claim Involving Gauze Left In After Nasal Surgery

June 11, 2024

In May 2022, Deanna and Mike Larson (the Larsons) filed an Illinois medical malpractice complaint against defendants Dana Crosby, M.D., SIU Physicians & Surgeons, Inc. (SIU), and “J. Doe” (an unidentified doctor or nurse employed by SIU), alleging that Crosby, an employee of SIU, negligently[...]

Illinois Supreme Court Holds Medical Malpractice Law Firm Not Liable To Client For Public Disclosure Of Client’s Mental Health Information After Trial

February 3, 2024

Background Facts The defendant law firm represented Doe in a medical malpractice action against a hospital and other medical staff. During that litigation, the evidence established that, after Doe was admitted to the emergency room of the hospital, he attempted suicide by stabbing himself multiple t[...]

Illinois Appellate Court Holds EMT’s Negligence Claims Against Hospital Were Medical In Nature

January 12, 2024

The Appellate Court of Illinois First District Fourth Division (“Illinois Appellate Court”) held in its Order filed on November 2, 2023 that the defendant hospital did not have a duty to warn a non-agent independent contractor EMT of a patient’s violent criminal record, and that the EM[...]

Illinois Appellate Court Rules Mental Health Records Not Discoverable In Lung Cancer Malpractice Case

August 17, 2023

Court Rules Mental Health Records Not Discoverable: The Appellate Court of Illinois First District Third Division (“Illinois Appellate Court”) stated in its May 10, 2023 opinion: “Dr. Rao practices at a clinic that specialized in lung issues. Plaintiff was there presumably seeking [...]

$40 Million Birth Injury Medical Malpractice Verdict

March 29, 2023

$40 Million Birth Injury Verdict: On March 23, 2023, an Illinois medical malpractice birth injury jury awarded compensatory damages in the amount of $40 million to a now 19-year-old woman who suffered permanent brain damage during her delivery that the jury determined was due to the unnecessary dela[...]

Illinois Appellate Court Rules Supervising Physician In Hospital May Have Established Physician-Patient Relationship With ED Patient

March 3, 2023

Physician Established Physician-Patient Relationship: In its December 30, 2022 Opinion, the Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) stated: “Plaintiff argues that a genuine issue of material fact exists as to whether Dr. Collins owed a[...]

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 Supreme Court Reinstates Medical Malpractice Defense Verdict

January 2, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its November 18, 2021 opinion in an Illinois medical malpractice wrongful death action arising out of the treatment a decedent received in the defendant hospital: “we conclude that the circuit court did n[...]

Illinois Appellate Court Discusses Law-Of-The-Case Doctrine In Reviving Medical Malpractice Case

December 31, 2021

In its opinion filed on November 15, 2021 in an Illinois medical malpractice case on appeal for the second time, the Appellate Court of Illinois Second District (“Illinois Appellate Court”) held: “On remand, defendants successfully moved for reconsideration of the trial court’s g[...]

Illinois Appellate Court Says No Apparent Agency To Hold Hospital Responsible For Surgeon’s Alleged Negligence

September 8, 2021

In its opinion dated August 10, 2021, the Appellate Court of Illinois First District Second Division (“Illinois Appellate Court”) held: “To defeat a claim of vicarious liability, all that was required of Silver Cross [Hospital and Medical Center] was evidence that Tracy [Delegatto][...]

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