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Archives: July, 2011

Workers’ Compensation Fraud Unit

Prosecutions for workers’ compensation fraud were specifically addressed the last time Workers’ Compensation Reform was passed in Illinois. Reports of fraudulent activity may be made to the Workers’ Compensation Fraud Unit (WCFU).

 

Bell v. Hutsell: Voluntary Undertaking Remains a Narrowly Construed Avenue to Negligence

In Bell v. Hutsell, the Illinois Supreme Court reiterated that the voluntary undertaking theory of duty is not a plaintiff’s cure-all in cases where absence of duty is an issue.

 

General Assembly Passes Workers’ Compensation Reform Bill

On May 31, 2011, the General Assembly passed HB 1698, which amends the Illinois Workers’ Compensation Act. Gov. Pat Quinn signed the bill into law. Chris Galanos lists some of the pertinent changes to the Act.

 

Medical Malpractice Update – Summer 2011

Matt Maddox discusses four cases. In Guski v. Raja, the appellate court ruled that alleged failure to chart information is properly barred from evidence if no expert testimony is introduced to establish that it caused an injury.

 

Pothole Found to Be Open and Obvious Condition as Matter of Law

Jim Borland describes three cases. In Garcia v. Young, the appellate court affirmed the continued viability of the open and obvious doctrine in Illinois when it ruled that the “deliberate encounter” exception and the “distraction” exception did not apply to a father who tripped in a pothole while chasing his stepson into a roadway.

 

Hospital’s Liability for Sexual Misconduct of a Physician-Employee

Employing health care providers who commit acts of sexual misconduct leaves an employer open to liability suits. While the liability door is closed somewhat when the misconduct can be described as separate from the true provision of medical care, common law causes of action or those under the Gender Violence Act leave the employer exposed to potential liability.