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Legal Updates

Red Flags Rule – Another Delay Gives Practices More Time to Comply

A medical practice red flag program must identify the practice’s process to train staff, assign a dedicated staff member to investigate possible red flags, institute measures to detect red flags, and have policies and patient education about identity theft. It is important to remember that appropriate red flag detection measures vary from practice to practice.

 

Medical Malpractice Case Update – Fall 2009

Midwest Trust Services, Inc. v. Catholic Health Partners Services emphasizes the need to have proper records storage and retention so as to avoid the potential for a spoliation of evidence claim. In Spaetzel v. Dillon, the First District considered what amount of information must be provided in a medical malpractice defendant’s Rule 213 disclosures in regard to an expert’s proposed testimony.

 

The Future for Mediation

Mediation as a means of resolving litigated disputes has gained traction since the turn of this century. Quinn Johnston has made mediation a part of its practice since the process first presented in central Illinois in the mid 1980s. Greg Cerulo, a trained and active mediator, discusses mediation’s future.

 

Preservation of Evidence

As the case law develops, it has become apparent that although the general rule is there is no duty to preserve evidence, specific conduct may create a duty. This analysis applies regardless of whether you are dealing with a specific product or the condition of a premises.

 

Diary of a Medical Malpractice Trial

Matt Smith walks through the major events of a weeklong jury trial. The trial starts with jury selection. Then presentation of evidence begins. Throughout the entire trial, the defense attorneys’ months or years of careful preparation pay off.

 

Apportioning Fault to the Settling Tortfeasor

Illinois Supreme Court decisions clarified whether a jury may consider the negligence of settling defendants in determining and apportioning fault. While the Ready decision determined that “defendants sued by the plaintiff” does not encompass settling defendants, the Nolan decision sustained the viability of the “sole proximate cause defense.”