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Chicago Accident Law Blog

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Illinois Hospital Immunity-Confidential Patient Records.

Illinois hospitals were granted immunity from disclosing confidential patient records by the Illinois Supreme Court. Bagent.v. Blessing Care, d/b/a Illini Hospital, 224 Ill. 2d 154, 862 N.E. 2d 985 (Jan. 19, 2007). An Illinois woman’s common law right of privacy claim against a hospital that her confidential medical records were…

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Internet Prescription Malpractice-Part II

An Illinois internet prescription malpractice case that I tried last year now has resulted in the indictment of the very doctors sued. The doctors were charged in the civil suit with: (1) prescribing Xanax and Ultram to a patient they had never seen or examined; (2) prescribing excessive dosages and;…

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Internet Prescription Malpractice-Part 1

An Illinois internet prescription malpractice case that I prosecuted beginning in 2004 opened my eyes to the widespread abuse of prescription drugs the internet facilitates. An unholy alliance has developed between physicians and the internet pharmacies that push drugs via spam e-mails and pay for click advertising. This is the…

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Illinois Product Liability Verdict of $27 Million Affirmed and Reversed

An Illinois product liability verdict against Ford Motor and Mazda Motors for defective design of driver’s seat was affirmed, but the damage award of $27 million was reduced by an appellate court in Chicago on Nov. 22, 2006. On Feb. 4, 2000, decedent was a driver stopped at stoplight when…

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Illinois Wrongful Death Coverage Limited by Supreme Court

In a Chicago wrongful death action that asserted claims for underinsured motorist benefits, the Illinois Supreme Court interpreted whether the “per person” limits of liability or the “per occurrence” limits of liability applied to family members derivative claims. The Illinois Wrongful Death Act, 740 ILCS 180/2 states: “…every such action…

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Chicago Man’s Crushed Leg Brings $1.8 Million in Product Liability Action

A Chicago product liability suit that I tried recently resulted in $1.8 million verdict to a 40 year old Chicago man whose leg was crushed on an assembly line. Many interesting legal issues arose including who should be placed on the jury verdict form regarding apportioning fault among defendants, third…

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Chicago Appellate Court Puts Settling Defendants on Verdict Form

An Illinois wrongful death verdict arising out of a construction accident where a scaffold collapsed was reversed by the appellate court in Chicago. The Court did rule that the defendants had waived any right to challenge the award of $14,230,000. The issue as framed by the Appellate Court: Is a…

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Chicago Pap Smear Medical Malpractice

One Chicago medical malpractice case that did not involve either doctors or nurses was resolved too late to benefit the victim. In 1999 a Chicago area woman went to her gynecologist for her annual pap smear. Because she had been previously diagnosed with a sexually transmitted disease she was at…

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Illinois Chief Justice’s Libel Case Leads to $7 Million Jury Award

A libel action in suburban Chicago led to a $7 million award for Illinois Chief Justice Robert R. Thomas. A Kane County jury returned the verdict against the Kane County Chronicle and a former columnist on November 14, 2006. Justice Thomas, a former Chicago Bear and Notre Dame kicker, alleged…

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Chicago Internet Prescription Malpractice

An Illinois internet prescription malpractice suit named two physicians, one from New Jersey and one from Pennsylvania for prescribing Xanax and Ultram to an Illinois resident based solely on an online questionnaire. In May 2004 a 31 year old Illinois man received 60 2mg tablets of Xanax and 90 50mg…