Menu

Showing 3 posts in Appellate Decisions.

Reviewing Important Illinois Healthcare Court Rulings: Relation Back Doctrine

In our final post reviewing recent Illinois court decisions that made a significant impact on healthcare law in Illinois, we review Simpkins v. HSHS Medical Group, Inc., 2017 IL App (5th) 160478. More ›

Illinois Appellate Court Decision in Wrongful Death Case Creates Adverse New Precedent for Handling Discovery Requests in Med Mal Cases

In Illinois, the First District Appellate Court in the Fifth Division addressed the question of whether or not a self-insured hospital is exempt from producing its self-insurance documents during the course of discovery. The underlying wrongful death case was filed in Cook County, Illinois by the Administrator of the Estate of a hospital patient who had suffered a cardiopulmonary arrest and had died after undergoing medical procedures at the defendant hospital. More ›

Illinois Appeals Court Protects Hospital Counsel's Right to Speak with Former Agents of Hospital

For attorneys who represent hospitals in medical malpractice cases, dealing with nursing witnesses who have retired or relocated can be difficult. In addition to the practical issues of finding these witnesses, contacting them and communicating with them remotely, potential legal issues can further complicate circumstances. For example, opposing counsel may take issue with attempts to contact such witnesses under the broad prohibition against defense attorneys communicating with treating witnesses (known as the Petrillo doctrine). Opposing counsel may also seek the exact nature and content of such communication and challenge the existence of any privilege protecting it. While in most cases these issues can be resolved informally among the attorneys, hospital attorneys should keep the case of Caldwell vs. Advocate Condell Medical Center, 2017 IL App (2d) 160456 (Oct. 4, 2017) at ready reference in case they cannot. More ›

Search
Subscribe via Email