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Archives: March, 2013

Statute of Limitation Updates in Medical Cases

Recent cases show that courts are willing to bar litigation based on the statute of limitations. They also show that defendants will be equitably estopped from asserting a statute of limitations defense where those defendants take improper steps to delay the filing of a lawsuit against them beyond the statutory deadlines.

 

Sometimes Medical Battery Claims Require a Professional Report, Too

In the recent appellate case of Holzrichter v. Yorath, the court clarifies that whether a medical battery case requires expert support revolves around the medical basis for the claim. If assessment of the claim requires specialized knowledge, then a report and subsequent expert testimony are required.

 

Appellate Court Limits the Application of the Good Samaritan Act

The Illinois Appellate Court recently ruled that the Good Samaritan Act does not provide protection from liability for emergency room physicians being paid by hospitals for their services. Chris Galanos discusses the appellate court’s decision in Home Star Bank v. Emergency Care & Health Organization, Ltd.

 

Medical Malpractice Legislation Introduced

The Standard of Care Protection Act (H.R. 1473) would mandate that guidelines adopted in federal healthcare programs may not be used to establish a standard of care in a malpractice action brought in state court. HB-5151 may answer questions surrounding Section 2-622 of the Illinois Code of Civil Procedure.

 

Exculpatory Contracts: Are They Enforceable?

Exculpatory clauses within contracts are provisions which attempt to eliminate liability for future negligence. Such contracts are not favored, but are valid and enforceable in Illinois as long as they are not contrary to public policy and there is not a unique relationship between the parties.

 

Appellate Court Upholds Discharge of Physician Who Refused to Treat Patients with STDs

Is a female physician who is fired for her refusal to treat male patients with STDs able to sue her employer? Not according to the case of Lucas v. County of Cook. The plaintiff advanced two legal theories: wrongful termination under the Whistleblower’s Act and retaliatory discharge.