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J&B Blog Archives

Utilizing the Appointment of Guardians ad Litem as a Defense Tool to Effectuate Settlement in Cases Involving Minor Plaintiffs and/or Minor Beneficiaries

Cases involving catastrophic injuries to minors, whether through birth trauma, motor vehicle collision, or any other alleged mechanism of negligence, can carry extremely high exposure due to the effect the injuries may have on the minor during the rest of his or her life. Especially in cases where liability is in question, litigants should be   Continue Reading »

Using the Affordable Health Care Act to Mitigate Future Medical Damages

In personal injury cases, is there a defensible strategy to significantly reduce claims for future medical damages through application of the Affordable Care Act?  Time will certainly tell, but it does appear possible. In its simplest terms, the Affordable Care Act (“ACA”) provides that all persons in the United States be afforded health insurance, regardless   Continue Reading »

Ransomware Attacks – Health Care Institutions an Emerging Target?

Several news media outlets are reporting a recent cyber-attack assault on Hollywood Presbyterian Medical Center in Los Angeles, California.  According to authorities, the hospital was the victim of a cyber-attack on February 5 that locked the hospital out of its computer systems using ransomware to infect their network. According to reports in this case, the unknown   Continue Reading »

Discovery Depositions Are Not Available for Media Use During Pending Litigation.

As you may have heard, Pam Zekman of CBS Channel 2 has run a television segment relating to a pending lawsuit against Palos Community Hospital.  In the segment, plaintiff’s counsel, Jim Ball, is interviewed along with the parents of a child that suffered brain damage after the hospital allegedly failed to properly treat the mother’s   Continue Reading »

Electronic Monitoring Comes to Illinois Nursing Homes

Lights! Camera! Electronic monitoring comes to Illinois nursing homes in 2016.  Shareholder Lynn M. Reid outlines the issues in a recent blog post.

Cook County Ruling Expands Petrillo. Defense Counsel in a Pickle?

Given the serious penalties courts have imposed due to even trivial perceived Petrillo violations, all defense counsel should be on high alert in the wake of a recent Cook County ruling further expanding the rule in Petrillo v. Syntex Laboratories. William McVisk explains here.

The Continuing Controversy Over Custody Rights to Frozen Embryos in Illinois

As assisted reproduction technology continues to outpace the law intended to regulate it, the Illinois courts are faced, for the first time, with the question of which gamete donor has superior custodial rights over surplus frozen embryos resulting from the in vitro fertilization process.  William G. Beatty’s article, discussing the Szafranski case, presently before the   Continue Reading »

HOSPITALS’ LIABILITIES/RESPONSIBILITIES WHEN RESPONDING TO LAW ENFORCEMENT’S REQUEST FOR INFORMATION

Imagine that you are a hospital administrator.  Law enforcement shows up at the hospital with a grand jury subpoena or a request of some kind for information.  Can you comply? In many jurisdictions, if protected medical information is sought, when faced with a grand jury subpoena, the answer is no, despite penalties that may arise   Continue Reading »

GOV. QUINN SIGNS BILL FOR HIGHER FEES IN MED MAL CASES

On Jan. 18, 2013, Illinois Gov. Pat Quinn signed into legislation House Bill 5151, which increases the amount that plaintiff’s attorneys in medical malpractice cases can collect, while eradicating the right of these attorneys to petition trial courts for enhanced fees in certain cases. With the signing of the bill into law, plaintiff’s attorneys will   Continue Reading »

THE ILLINOIS SUPREME COURT CLARIFIES THE APPLICATION OF ARBITRATION AGREEMENTS IN NURSING HOME CONTRACTS

On September 20, 2012, the Illinois Supreme Court filed its opinion in the Carter v. SSC Odin Operating Co. case, 2012 IL 113204. In the case, the Court revisited the issue of whether arbitration agreements contained within nursing home contracts are enforceable. The Court upheld the general applicability of such agreements within the nursing home context but   Continue Reading »

"BAD FAITH": WHAT DOES IT MEAN? AN OVERVIEW OF BAD FAITH/FAILURE TO SETTLE THIRD PARTY ACTIONS UNDER ILLINOIS LAW

You are an insurance claims representative attending a pre-trial settlement conference in a medical malpractice lawsuit. The plaintiff’s attorney makes a demand that is within policy limits, but you consider it unreasonable and not consistent with the nature of the injury claimed. You make an offer that is more consistent with your assessment of the   Continue Reading »

THE PECULIARITY AND RELEVANCE OF RESPONDENTS IN DISCOVERY

In recent years, plaintiff attorneys in medical malpractice lawsuits have increasingly utilized the statute allowing for respondent in discovery (RID).  735 ILCS 5/2-402 involves persons and entities designated as RIDs.  However, RIDs are not parties.  RIDs are identified in complaints and are required to participate in discovery, including answering written discovery and sitting for a   Continue Reading »

PRESSURE ULCERS: AVOIDABLE OR UNAVOIDABLE?

Skin breakdown or pressure ulcers are a common topic in geriatric litigation across the country.  These cases are not just found in the realm of nursing home litigation.  At an increasing rate, plaintiff’s attorneys are filing wound cases against anyone who may have cared for the wound which can include:  long term care facilities, assisted-   Continue Reading »

Nursing Home's Health Care Arbitration Agreement Held Invalid...

… But Door Left Open for Future Arbitration Agreements to be Upheld On Aug. 18, 2011, the Fifth District Court of Appeals held that the arbitration agreement at issue in this Illinois Nursing Home Care Act and Wrongful Death case was invalid as it lacked mutuality making it unenforceable.  However, the court left the door   Continue Reading »

HEALTH PROFESSIONAL REPORTS UNDER 735 ILCS 5/2-622: FIRST DISTRICT APPELLATE COURT DECISION FURTHER CLARIFIES STATUTORY REQUIREMENTS IN CHRISTMAS V. DR. DONALD W. HUGAR, LTD., ET AL.

The much-publicized 2010 Illinois Supreme Court ruling in LeBron v. Gottlieb Memorial Hospital is most well-known for its impact on Illinois’ efforts at tort reform.  However, this decision also served to change, and in some critics’ minds further complicate, Illinois law on the issue of the requirements of 735 ILCS 5/2-622.  Recently, in an effort to further   Continue Reading »

Johnson and Bell

Johnson and Bell