... on lawsuit awards. State legislators passed a law that capped non-economic damages, such as pain and suffering, in medical malpractice suits to $500,000 for doctors and $1 ... law does not limit actual damages which include medical expenses and lost wages. Last year, Cook County Circuit Court Judge Joan Larsen ruled ... of LeBron v. Gottlieb Memorial Hospital that the caps are unconstitutional. Six of the seven state Illinois Supreme Court judges heard the case that centers on a 3-year-old girl who ...
November 21, 2008 02:25 am
Last week the Illinois Supreme Court heard argument on the constitutionality of the 2005 Illinois legislation capping damages in medical malpractice cases. The law caps non-economic[pain and suffering]awards against doctors are $500,000. In ... for the State to treat groups of people in different ways. Caps do precisely that - they limit damages that victims of medical malpractic may recover, while not placing a similar ceiling on the damages that victims of different kinds of negligence may recover ...
November 17, 2008 06:37 am

J&J Units Must Pay $16.6 Million for Fentanyl Death

(Dallas Fort Worth Injury Lawyer Blog)
... New Jersey- based Johnson & Johnson, the world's biggest maker of medical devices. The product was distributed by another Johnson & Johnson unit, Janssen Pharmaceutica. ... verdict. The case is DiCosolo v. Janssen Pharmaceutica, 04L5351, Cook County, Illinois, Circuit Court, Law Division (Chicago). If you or a family member has been ... someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc ...
November 16, 2008 04:22 pm

Illinois and Maryaland Cap on Non Economic Damages

(Maryland Medical Malpractice Attorney Blog)
/**/ The Illinois Supreme Court heard oral arguments yesterday from malpractice lawyers in three cases challenging the Illinois limit on caps in medical malpractice cases. Earlier this year, a trial court ruled that the law violates the separation clause of the Constitution. The Maryland Court of Appeals is also expected to soon hear arguments as to whether Maryland cap on non economic damages is valid under Maryland's ...
November 14, 2008 08:54 pm
... the amount of money juries may award in medical malpractice cases unfairly targets those most seriously injured who deserve the most compensation in the Illinois Supreme Court. Proponents of the law asked the court not to limit what they ... at lowering medical insurance rates blamed for driving physicians out of the state. A trial court last year ruled that the law violates the Constitution's separation of powers clause by allowing the General Assembly to restrict deliberations by judges and juries ...
November 14, 2008 02:03 am

Med Mal Caps, in Court and in the News

(Illinois Deserves the Truth)
The state state Supreme Court just listened to oral arguments over IL's 2005 medical malpractice caps law. To coincide, the Illinois Times ran a story this morning outlining the issue. It features quotations from CJ&D executive director Joanne Doroshow, and...
November 13, 2008 09:27 pm
... even modest efforts at reform and accountability." The Bizop News "Misleading advertising law: due diligence for income earning opportunities." Marler Blog "Providing commentary on food ... and all types of injuries at sea." Illinois Nursing Home Abuse Blog Covers Illinois nursing homes and information for nursing home residents, family members, ... Blog has information on New York personal injury law, medical malpractice, the civil justice system and cases of interest. Mass Tort Litigation Blog Covers ...
November 13, 2008 09:05 am
... , for failing to properly diagnose or treat the malarial condition that ultimately killed Goetz. At the time, Goetz was insured under a medical malpractice policy issued by Physicians' Insurance Company of Wisconsin with limits of $1 million. The policy was issued in the ... , the District Court ruled that IHP had no cause of action since it was not an insured under the policy. Under Illinois law, an insurer is deemed to have a good faith obligation to settle within limits and may be liable for the ...
November 11, 2008 12:54 am
Judy Anderson died while in care of Rush-Copley Medical Center. Her estate sued Rush for medical malpractice. In discovery, Rush refused to turn over two categories of ... with a peer review and therefore were privileged under the Illinois Medical Studies Act. The Second District Illinois Appellate Court identified the proper standard of review. The court distinguished ... did not have to be disclosed. Read the whole case, Anderson v. Rush-Copley Medical Center, Nos. 2097-0717, 2-07-1272 (8/14/08), by ...
November 10, 2008 04:49 am

Obama and Tort Reform

(Maryland Injury Lawyer Blog)
... ? I really do not think so. He has consistently been against any kind of tort reform for medical malpractice damage caps in the Illinois legislature and in the U.S. Senate. Moreover, it is an open question as to whether the CAFA is a bad law for lawyers who did not drink the "anything that limits plaintiffs' rights in any way is a bad thing" Kool-Aid. Lawyers typically take a knee jerk reaction by ...
October 23, 2008 04:26 pm

Medical Records Falsified In Birth Injury Case

(Chicago Personal Injury Lawyer Blog)
In the many years that I have practiced medical malpractice in Cook County and Illinois, my clients have warned me that the pertinant medical records in their case had been falsified, changed, ... lawsuit regarding the altered evidence. And because adequate remedies for the destruction of evidence already exists under Illinois Supreme Court Rule 219, a new tort wasn't created. Instead, the Supreme Court held that an action for negligent spoliation could be brought under existing negligence law.
October 20, 2008 06:04 pm

YouLaw Video: Illinois Employment Lawyer

(Robert Ambrogi's LawSites)
As I recently mentioned, I've joined the "Back Bench" for a feature at the TechnoLawyer Blog it calls YouLaw, in which New York medical malpractice lawyer Gerald Oginski reviews law firm advertising videos that are posted to YouTube. At the end of each review, the Back Bench-ers weigh in with their nutshell comments. This week's review looks at a video posted by an Illinois employment lawyer. Watch the video, read the reviews, and see if you agree.
October 17, 2008 08:36 am

Hospital and Illinois Drug Company sued for Heparin overdoes

(Chicago Medical Malpractice Lawyer Blog)
... of two newborns who died after they were inadvertently given massive doses of Heparin have sued an Indianapolis hospital and the Illinois-based company, Baxter Healthcare Corp., that makes the blood thinner. The Chicago Tribune reports that parents of two of the ... recalled all its heparin vials in February after receiving contaminated ingredients from a supplier, Baxter officials said. Comments about this post can be directed to Chicago Medical Malpractice Attorney Chris Hurley at (312) 553-4900.
September 23, 2008 03:03 am

Medical Malpractice Caps in Illinois

(Accident and Injury Law Blog)
... Supreme Court will look again at the constitutionality of limits this fall on medical malpractice awards. Illinois law limits noneconomic damages, such as pain and suffering to $500,000 ... need extensive care for the rest of her life (unless technology can come to the rescue). Last year, Cook County Circuit Judge Diane Larsen declared Illinois ... injuries. Related Posts: Blog Post on Trial Judge's Ruling Declaring Malpractice Cap Unconstitutional (Maryland Injury Lawyer Blog post from November 14, 2008 ...
September 22, 2008 07:20 pm

MEDICAL MALPRACTICE IN ILLINOIS

(Chicago Accident and Injury Lawyer Blog)
... and that lawyers are running doctors out of practice. That is the perception that the insurance industry is trying to manifest. The fact is, however, that the Illinois tort system does NOT appear to be the cause of the undisputed rise in doctor's liability insurance premiums. According to an ... . I have had numerous successful verdicts and settlements in medical malpractice cases. If you or a loved one have been the victim of medical negligence, contact me at The Law Offices of Jeffrey J. Kroll.
September 17, 2008 06:00 am
... 1.5 million people every year states a July 2006 report from the Institute of Medicine. Now, for the first time ever, the mortality rates of Illinois hospitals are available to the general public from the Centers for Medicare and Medicaid Services (CMS) . This is good news for Chicagoland ... negligence, please contact the Law Offices of Jeffrey J. Kroll. Mr. Kroll has successfully represented victims of doctor and hospital negligence and has had record results in the area of medical malpractice.
September 12, 2008 06:00 am

Favorite Non-Legal Blogs

(Maryland Injury Lawyer Blog)
... identify five non-law blogs that we find to be interesting, and (2) to tag five lawyers to do the same thing. I'm glad to be included by the Drug and Medical Device Blog. ... a large firm, you will almost certainly find it funny. The Five Blogs I Tag: The Illinois Trial Practice Blog - Evan Schaeffer keeps this discovery and trial tactics blog ... basically stole our unique, outside-of-the-box blog name by adding an "s" but they are our friends and they are really good accident and malpractice lawyers.
September 11, 2008 07:59 pm
Ragland & Jones, LLP, an Atlanta law firm dedicated to severe injury and wrongful death litigation, announces it has filed a lawsuit today in the State Court of ... tort claims against Dr. Chuo including civil assault and battery, medical malpractice, breach of fiduciary duties, violations of the Georgia Dental Practice Act (negligence ... requested that Dr. Koulis permanently surrender his Tennessee medical license. In 2005, New York and Illinois also took action to permanently revoke Dr. Koulis' ...
September 9, 2008 09:08 pm
... has found that laws placing a limit on personal injury damages were unconstitutional. The latest law was enacted in 2005. Cerebral Palsy This medical condition is a result of permanent brain damage sustained by a baby before, during, or ... Failure to plan or perform cesarean birth in a timely fashion. Illinois' med mal law on trial, StlToday.com, August 18, 2008 Illinois Malpractice Case May Shape Tort Reform, NPR.com, February 21, 2007 Related Web Resource: Cerebral Palsy, National Institute of ...
September 9, 2008 04:40 pm
The St. Louis Post-Dispatch published our letter in yesterday's op-ed page.Arbitrary malpractice caps only hurt victims Regarding "Illinois' med mal law on trial" (Aug. 18): Amid all the arguments over the upcoming Supreme Court decision on Illinois' medical malpractice caps,...
September 3, 2008 04:34 pm
 
 

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