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The Relation Back Doctrine, Medical Malpractice Statute of Repose, and the Wrongful Death Act – – It’s All Relative
In a case of first impression, the Illinois Supreme Court had to reason with the interplay between the ‘relation back’ statute, the medical malpractice statute of repose and the wrongful death act; each statute carrying a different time period of limitation to file certain claims. In Illinois, the ‘relation back’ […]
Was There An Error in Your Police Report After a Car Accident?
Let’s face it, we all make mistakes. But even the most innocent mistake on an accident report can have serious consequences for your legal remedies. If you notice that your police report listed the wrong color for your vehicle, or that they did not record your contact information down correctly, […]
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 […]
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 […]
“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 […]
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 […]
Insurance Coverage Depends on Contractual Interpretation of “Reasonable Belief”
On September 25, 2017, the Illinois Appellate Court for the First District reversed summary judgment and rebuffed Founders Insurance Company’s argument that existing Illinois case law allowed it to refuse coverage after a driver with only a learner’s permit collided with another vehicle because a licensed adult was not in […]
Goldstein Bender & Romanoff Secure Appellate Victory Against Medtronic in Infuse™ Litigation
On September 20, 2017, the Illinois Appellate Court for the First District released its opinion in Senayda Norabuena and Miguel Torres v. Medtronic, Inc., 2017 IL App (1st) 162928*, reversing the trial court’s prior dismissal of Norabuena and Torres’ products liability claims. Partner Ryan M. Griffin and Associate Scott M. […]
Appellate Court Reaffirms Requirement to Strictly Adhere to 735 ILCS 5/2-203
On September 11, 2017, the Illinois Appellate Court for the First District reaffirmed that plaintiffs must strictly adhere to 735 ILCS 5/2-203 if they wish to seek alternative service of process on a defendant. In Thompson v. Braggs, et. al. 2017 IL App (1st) 161329, the First District was tasked […]
Does the City of Chicago have a Duty to Inspect its Property?
The City of Chicago is vast, and stretches approximately 234 square miles. Although this area is indeed vast, the City of Chicago still DOES have a duty to inspect and maintain its property, which includes streets and sidewalks, so that the public ways are free from unreasonably dangerous and defective conditions. For […]
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