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Archive for Month: October 2017

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Second District Reaffirms Proper Scope of the Medical Studies Act in Medical Malpractice Cases

On October 26, 2017 the Appellate Court for the Second District released for publication its decision in Grossheusch v. Edward Hospital, 2017 IL App (2d) 160972. In Grossheusch, the Second District tackled the longstanding and judicially vexing question whether certain hospital documents are privileged pursuant to the Medical Studies Act […]

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Are Hospital Liens Against a Minor’s Tort Action Invalid? The Illinois Supreme Court Weighs In.

Usually, when a person suffers some type of injury by no fault of their own, medical bills inevitably rack up.  Sometimes, the injured person is often left bearing much of the costs when his/her health insurance does not cover all of the charges. Or sadly, the patient is left bearing […]

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“Personal Assistants” Seem To Be State Employees.

The Illinois Workers’ Compensation Commission has historically rejected the argument that “personal assistants” are not State employees. This was re-emphasized in Hoffman v. Madigan, 2017 IL App (4th) 160392. In Hoffman, a State agency, the Department of Central Management Services (“CMS”) brought a complaint against the Attorney General seeking injunctive […]

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You May Not Have As Much Insurance Coverage As You Think

Many are not aware that the law allows an insurance company to apply a “set-off” based on moneys received from a different portion of the defendant’s insurance policy. A “set-off” is a provision in the contract language that allows the insurance company to reduce coverage in one section of insurance […]