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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Reverses Trial Court’s Entry of Judgment Based on Special Interrogatory Favoring the General Verdict

In an unfortunate suicide by Keith Stanphill, a lawsuit was brought by Zachary Stanphill against a social worker, Lori Ortberg, and the hospital with which she was affiliated. She saw Keith Stanphill at Rockford Memorial Hospital just nine days before his suicide. Ortberg is a licensed clinical social worker. During…

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Illinois Supreme Court Affirms Appellate Court Allowing Added Count to Complaint

In October 2016, we reported about this important case on the Illinois law on relation-back and how it applies in a medical malpractice lawsuit. In the underlying case of Sheri Lawler, as administrator who sued on behalf of Jill Prusak, the University of Chicago Medical Center and Advocate Christ Hospital…

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Illinois Appellate Court Reverses Court for Erroneously Dismissing Medical Malpractice Case on Grounds of Improper Claim–Splitting

A decision by a McHenry County, Ill., trial court dismissing the medical malpractice lawsuit on the grounds of res judicata bar on claim-splitting has been reversed by the Illinois Appellate Court. In this medical negligence lawsuit, the trial judge erroneously determined that only an express agreement from defendants could satisfy…

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Illinois Appellate Court Affirms Trial Court Order Barring Expert Testimony in Medical Malpractice Case

After the jury found in favor of the treating physician, an appeal was taken by Zbigniew Adwent arguing that he was entitled to present testimony from a forensic document examiner in the lawsuit he brought against Dr. Richard B. Novak. The lawsuit alleged that Dr. Novak chose not to properly…

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Illinois Appellate Court Sends Case Back to Trial Judge for Further Disposition on Relation-Back Doctrine

This case arrived at the Illinois Appellate Court as an interlocutory appeal that came about from the plaintiff Eric Owens’s lawsuit against the defendant hospital, Louis A. Weiss Memorial Hospital, and its doctors related to the care received by Owens at the hospital’s emergency room in 2011. He initially named…

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State Supreme Court Reverses on Allowing Amendment to Complaint After Statute of Limitations Had Run

Plaintiff Donald Brier brought a cause of action against a practice group and an orthopedic surgeon, Greater Hartford Orthopedic Group P.C., and David Kruger, MD, an orthopedic surgeon (collectively, Defendants), alleging medical malpractice arising out of a spinal surgery that went bad. After the running of the applicable statute of limitations, Brier…

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Illinois Appellate Court Rules that Affidavit of Merit Required for Athletic Trainer’s Negligence

The Illinois Appellate Court has ruled that the guardians of a seriously injured student football player must include a supporting statement from a health care professional to proceed with the case. The guardians had claimed in a lawsuit that a physical and sports-injury therapist provided improper care that caused or…

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Illinois Appellate Court Determines that the Injured Plaintiff’s Treating Physician and Defense Lawyer May Have Ex Parte Communications

In this medical negligence case, the Illinois Appellate Court took an interlocutory appeal on an issue of first impression regarding the application of the Petrillo doctrine on a unique set of facts. The plaintiff, Jacqueline McChristian, who was injured by a podiatrist, Dale Brink, DPM, claimed that the trial court…

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Illinois Appellate Court Reverses Dismissal of Case Based on Qualifications of Medical Expert

A medical malpractice lawsuit was filed by Beverly Coote on behalf of her mother, Phyllis Brevitz, against Dr. Robert A. Miller and Midwest Orthopaedics Consultants S.C. The issue in the case was whether the Coote’s expert had enough credibility to testify at trial. The trial judge ruled that Coote’s expert was inadequate…

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Cook County Hospital Lien Found to be Invalid

A bench trial brought by the mother of 12-year-old Akeem Manago resulted in a $200,000 judgement in favor of Akeem. The case was brought by Akeem’s mother, April Pritchett. Akeem suffered permanent scars, pain and suffering and loss of normal life resulting in this judgment. Akeem was treated for his burns at…

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