Showing all results for category “medical malpractice”

Goltsman Obtains Dismissal of Nursing Home Lawsuit

Clausen Miller partner Mara Goltsman of our New York office has obtained dismissal of a nursing home lawsuit based on procedural grounds.

Illinois Supreme Court Permits Fetal Wrongful Death Claims Against Physicians Where The Death Resulted From A Subsequent Lawful Abortion

by Scott R. Shinkan

The Illinois Supreme Court held in Thomas v. Khory, M.D. et al., 2021 IL 126074, that section 2.2 of the Wrongful Death Act, 740 ILCS 180/2.2,

SIDEBAR – No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr., 2021 IL 126748

by Melinda S. Kollross

In Gretencord-Szobar, 2021 IL App (3d) 200015, this author defended a medical malpractice defense verdict in the Illinois Appellate Court, Third District, against plaintiff’s argument that a new trial should have been ordered because the trial court refused to give a non-IPI jury instruction explaining the lost chance doctrine to the jury.

CM Report of Recent Decisions – 2021 Volume 4

No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr.

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

CM Report of Recent Decisions – 2018 Volume 4

Ohio Supreme Court Holds That Defective Subcontractor Work Is Not An “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., Slip Opinion No. 2018-OHIO-4057, the Supreme Court of Ohio held that there was no duty to defend a policyholder,

If At First You Don’t Succeed: Wisconsin Supreme Court Approves Caps In Med Mal Cases

Life is about many things, and one of the most important is perseverance. Walt Disney went bankrupt several times before he built Disneyland. He passed on a cartoonist named Charles Schultz, who eventually did alright drawing a group of kids and a dog named Snoopy.

Esposito Writes on Pharmacists’ Duties

Not Just Bottle-Fillers: Pharmacists’ New Duty to Protect Patient’s Health Care Coverage

Progress does not come cheap, a fact no more evident than in the field of pharmacology.  The progress, of course,

Hospital Not Vicariously Liable For Acts Of Employees Of Unrelated, Independent Clinic Under Apparent Agency Theory

In a split decision, the Illinois Supreme Court holds that a hospital could not be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated, independent clinic that was not a party to the litigation.

Medical Malpractice Claim Brought Under The Wrongful Death Act Can Relate Back To Existing Claim And Is Not Barred By Statute Of Repose

The Illinois Supreme Court holds that a medical malpractice claim brought under the Wrongful Death Act, 740 ILCS 180/0.01 et seq., can relate back to an existing claim and is not barred by the statute of repose.