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List of Forms by Chapter - Chapter 1 — Initial Client Contact
- I. [1.1] Introduction — Scope of Chapter
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II. [1.2] Preinterview Considerations for Plaintiff - III. [1.8] Initial Case Assessment — Defense Considerations
- IV. Client Contact
- [1.9] Initial Contact
- [1.10] Plaintiff’s Initial Medical Research
- [1.11] Timing of Initial Meeting with Defendant Physician
- [1.12] Initial Interview with Plaintiff
- [1.13] Initial Interview with Defendant Physician
- [1.14] Plaintiff’s Determination of Whether To Proceed
- [1.15] Acceptance of Plaintiff’s Case
- V. [1.16] Preparation of Defendant’s Initial Responsive Pleadings
- VI. Medical Records
- VII. [1.21] Plaintiff’s In-Office Review
- VIII. [1.22] Obtaining an Expert — Plaintiff’s Perspective
- IX. [1.25] Appropriate Expert Review — Defense Perspective
- X. [1.26] Plaintiff’s Medical Malpractice Statutory Requirements
- XI. [1.29] Formulation of Defense Discovery Plan
- XII. [1.30] Conclusion
- XIII. Appendix
- Sample Forms
- [1.31] Attorney Retainer Agreement in Medical Malpractice Action (Plaintiff)
- [1.32] Medical Malpractice Referral Agreement (Plaintiff)
- [1.33] Authorization for Release of Plaintiff’s Medical Record Information
- [1.34] Complaint Seeking Production of Medical Records (Plaintiff)
- [1.35] Cook County HIPAA Protective Order
- [1.36] Defense Motion for Qualified Protective Order
- [1.37] Order To Disclose Protected Health Information Pursuant to HIPAA
- [1.38] Authorized Relative Certification
- Additional Resources
- [1.39] Bibliography
- [1.40] Internet Resources
- Chapter 2 — Medical Records: Tangible Evidence and Bills
- I. [2.1] Introduction
- II. Statutory Basis for Creating, Maintaining, and Obtaining Medical Records
- [2.2] Statutes Governing Creation of Medical Records
- [2.3] Obtaining Medical Records
- [2.4] Authorization
- [2.5] Subpoena
- [2.6] Notice To Produce — Supreme Court Rule 214
- [2.7] Mental Health Records
- [2.8] Health Insurance Portability and Accountability Act of 1996
- [2.9] Medical Studies Statute
- [2.10] Retention of Medical Records
- III. [2.11] Content and Organizational Structure of Medical Records
- [2.12] Physicians’ Records
- [2.13] Hospital Records
- [2.14] Admission Form
- [2.15] Consent Form(s)
- [2.16] History and Physical
- [2.17] Physicians’ Progress Notes
- [2.18] Physicians’ Orders
- [2.19] Nurses’ Notes
- [2.20] Graphic Flow Sheet
- [2.21] Consultants’ Reports
- [2.22] Laboratory/Radiology/Pathology Reports
- [2.23] Operative Reports
- [2.24] Anesthesia Records
- [2.25] Pharmacy Records
- [2.26] Discharge Summary
- [2.27] Patient Discharge Instructions
- Other Sources of Medical Records
- [2.28] Social Security/Medicare
- Employment Sources
- [2.29] Workers’ Compensation Records
- [2.30] Pension and Disability Benefit Plans
- [2.31] Attendance Records and Performance Evaluations
- [2.32] Department of Transportation Physical Exams
- [2.33] Insurance Applications and Examinations
- [2.34] Military Records
- [2.35] Financial Records
- The Audit Trail
- [2.36] What Is the Audit Trail?
- [2.37] Discovery and Admissibility of the Audit Trail
- IV. Use of Medical Records at Trial
- [2.38] Admissibility of Medical Records as Evidence
- [2.39] Admission as Business Records
- [2.40] Disclosures from Medical Records by Witnesses
- [2.41] Refreshed Recollection
- [2.42] Past Recollection Recorded
- [2.43] Use of Medical Records as Demonstrative Evidence
- [2.44] Admission of Medical Bills into Evidence
- Chapter 3 — Claim Evaluation
- Chapter 4 — Duty
- Chapter 5 — Expert Testimony
- I. [5.1] Introduction
- II. Expert Testimony in Medical Negligence Cases — Requirements and Admissibility
- [5.2] The Need for Expert Testimony
- [5.3] Professional Standard of Care
- [5.4] Proximate Cause
- Exceptions to Requirement of Expert Testimony
- [5.5] Institutional Standard of Care
- [5.6] Grossly Negligent Conduct or Common Treatment
- [5.7] Requirements of 735 ILCS 5/2-622
- Expert Witnesses
- [5.8] Competency and Qualification
- [5.9] Defendant as Expert Witness
- [5.10] Treating Physician as Expert Witness
- III. Foundation and Bases of Expert Testimony
- IV. [5.16] Conclusion
- Chapter 6 — Breach
- I. [6.1] Illinois Pattern Jury Instruction — Civil No. 105.01
- II. [6.2] Patients’ Right to Know Act (Physician Profile)
- III. [6.3] Res Ipsa Loquitur
- IV. [6.4] Lack of Informed Consent
- V. Negligence Theories of Liability
- Physician Liability
- [6.5] Prescription and Administration of Medication
- [6.6] Off-Label Use
- Mistreatment
- [6.7] Failure To Diagnose
- [6.8] Failure To Treat
- [6.9] Contamination
- [6.10] Nurses and Technicians
- [6.11] Pharmacy Standard of Care
- [6.12] Hospitals
- [6.13] Vicarious Liability
- [6.14] Actual Agency
- [6.15] Apparent Agency
- [6.16] Institutional Negligence
- VI. Battery
- VII. [6.20] Health Maintenance Organization Liability
- VIII. [6.21] Emergency Medical Treatment and Active Labor Act
- IX. [6.22] Wrongful Birth
- X. [6.23] Negligent Spoliation of Evidence
- XI. [6.28] Consumer Fraud and Deceptive Business Practices Act
- XII. [6.29] Pleading Concerns
- XIII. [6.36] Respondents in Discovery
- XIV. [6.41] Written Reports
- Chapter 7 — Proximate Cause
- I. [7.1] Proximate Cause Is an Element of the Plaintiff’s Prima Facie Case
- II. [7.2] Actual Cause or Cause in Fact and Legal Cause
- III. Expert Testimony To Establish Probability
- IV. [7.7] Better Result Is Not Required
- V. [7.8] The Lost-Chance Doctrine
- VI. [7.9] Risk of Future Injuries
- VII. [7.10] Sole Proximate Cause
- VIII. Jury Instruction Issues Concerning Proximate Cause
- Chapter 8 — Damages in Medical Malpractice
- I. [8.1] Introduction — Scope of Chapter
- II. [8.2] Damages Defined
- III. [8.3] Proving Damages
- IV. Recoverable Damages That Are Separately Compensable
- [8.7] Itemized Damages
- [8.8] Special Issues
- [8.9] Disability and Loss of a Normal Life
- [8.10] Emotional Distress as an Element of Damages
- [8.11] Increased Risk of Future Harm
- [8.12] Medical Expenses for Minors
- [8.13] Wrongful Death
- [8.14] Pecuniary Injuries Defined
- [8.15] Survival Action — Conscious Pain and Suffering
- [8.16] Jury Instructions
- V. Recoverable Damages That Are Not Separately Compensable
- [8.17] Aggravation of Preexisting Ailment, Condition, or Injury
- [8.18] Not a Separate Element of Damages
- [8.19] Jury Instruction
- Subsequent Injury by Healthcare Providers
- [8.20] In General
- [8.21] Jury Instruction
- [8.22] Lost-Chance Doctrine or Loss-of-Chance Doctrine
- [8.23] No Quantitative Requirement
- [8.24] No Jury Instruction
- VI. Noncompensable Damages
- VII. Damages-Reducing Factors
- Chapter 9 — Defenses
- I. [9.1] Lack of Diligence in Serving a Defendant
- II. [9.5] The Requirement of a Healthcare Professional’s Report
- III. [9.9] The Statute of Limitations
- [9.10] Retroactive Application of Prior Amendments
- [9.11] Analysis Under 735 ILCS 5/13-212
- [9.12] The Absolute Bar of the Statute of Repose
- [9.13] Analysis Under the Two-Year Discovery Rule
- [9.14] The Relation-Back Doctrine in Medical Actions
- [9.15] The Interplay with Fraudulent Concealment
- [9.16] Application of Equitable Estoppel
- [9.17] The Continuing Course of Treatment Analysis
- [9.18] The General Tolling Provision
- [9.19] The Discovery Doctrine Applied to the Local Governmental and Governmental Employees Tort Immunity Act
- [9.20] The Discovery Doctrine Applied to Wrongful-Death Actions
- [9.21] 735 ILCS 5/13-212 Applied to Contribution Actions
- IV. [9.22] Medical Malpractice Respondents in Discovery
- V. [9.23] Venue
- VI. [9.24] Forum Non Conveniens
- VII. [9.25] Immunity Under the Good Samaritan Act
- VIII. [9.26] Comparative Negligence and Joint and Several Liability
- IX. [9.27] The Impact of the Dead-Man’s Act
- X. [9.28] The Potential Effects of Voluntary Dismissals
- XI. [9.29] The Sole Proximate Cause (Empty-Chair) Defense
- Chapter 10 — Fact Discovery
- I. Pre-Suit Discovery
- II. [10.3] Scope of Discovery
- [10.4] Statutory Authority for Discovery — Supreme Court Rule 201(a)
- [10.5] Full Disclosure Required
- [10.6] Privileges
- [10.7] Attorney-Client Privilege
- [10.8] Control-Group Test
- [10.9] Work Product
- [10.10] Insurer-Insured
- [10.11] Physician-Patient Privilege
- [10.12] Therapist-Patient Privilege — The Mental Health and Developmental Disabilities Confidentiality Act
- [10.13] Consultants — Supreme Court Rule 201(b)(3)
- [10.14] Protective Orders
- [10.15] Filing Materials with the Clerk of the Circuit Court — Supreme Court Rule 201(m)
- [10.16] Privilege Logs — Supreme Court Rule 201(n)
- [10.17] Discovery Requests to Nonparties — Supreme Court Rule 201(o)
- [10.18] Subpoenas — Supreme Court Rule 204
- [10.19] Sanctions for Noncompliance — Supreme Court Rule 219(c)
- III. [10.20] Written and Oral Discovery — Supreme Court Rules 213 and 214
- [10.21] General Provisions — Supreme Court Rule 213
- [10.22] Scope of Supreme Court Rule 213 Interrogatories
- [10.23] Persons Receiving Interrogatories
- [10.24] Attorney Duty
- [10.25] Number of Interrogatories
- [10.26] Interrogatory Responses
- [10.27] Answer by Reference to Records
- [10.28] Identity and Testimony of Witnesses — Supreme Court Rule 213(f)
- [10.29] Limitation on Testimony and Freedom To Cross-Examine — Supreme Court Rule 213(g)
- [10.30] Use of Answers to Interrogatories
- [10.31] Duty To Supplement
- [10.32] Approved Forms — Supreme Court Rule 213(j)
- [10.33] Depositions
- [10.34] Discovery Depositions
- [10.35] Evidence Depositions
- Rules Governing Depositions
- [10.36] Duration
- [10.37] Termination
- [10.38] Depositions of Physicians — Supreme Court Rule 204(c)
- [10.39] Video Depositions/Remote Electronic Depositions — Supreme Court Rules 206(g), 206(h)
- [10.40] Review and Certification
- [10.41] Depositions on Written Questions
- IV. Documentary and Tangible Evidence
- V. Demonstrative Evidence
- VI. Physical and/or Mental Examinations — Supreme Court Rule 215
- VII. Medical Studies Statute
- VIII. The Petrillo Doctrine and the Hospital Licensing Act
- Chapter 11 — Expert Discovery
- I. [11.1] Introduction
- II. Independent and Controlled Expert Witnesses
- III. [11.4] Method of Disclosure
- IV. [11.5] Proper Disclosure
- V. [11.6] The Disclosure of a New Opinion or a New Basis for Opinion at Deposition
- VI. Admission of Expert Opinion Testimony in Medical Malpractice Cases; Application of Frye v. United States
- VII. The Federal Evidentiary Standard for Medical Testimony: Daubert v. Merrell Dow Pharmaceuticals, Inc., and Federal Rule of Evidence 702
- VIII. [11.12] Medical Billing Expert Testimony
- IX. Appendix — Sample Forms
- Chapter 12 — Trial
- I. [12.1] Scope of Chapter
- II. Frye/Daubert
- III. [12.8] Opening Statements
- IV. [12.9] Direct Examination
- [12.10] Expert Witnesses
- [12.11] Choosing Expert Witnesses
- [12.12] Preparing Expert Witnesses for Direct Examination
- [12.13] Common Objections During Direct Examination of Expert Witnesses
- [12.14] Preparing Treating Physician for Direct Examination
- [12.15] Preparing Defendant Physician for Direct Examination
- [12.16] Closed Doors
- V. [12.17] Cross-Examination
- VI. [12.18] Demonstrative Evidence
- VII. [12.19] Documentary and Nontestimonial Evidence
- VIII. [12.24] Closing Arguments
- IX. [12.25] Damages
- X. [12.28] Jury Issues
- [12.29] Mitigation of Damages
- [12.30] Contributory Negligence
- Delay in Seeking Treatment
- [12.31] Before Seeking Initial Treatment
- [12.32] During Course of Medical Treatment
- [12.33] After Discharge from Medical Treatment
- [12.34] Failure To Follow Physician’s Advice
- [12.35] Failure To Report Symptoms
- [12.36] Refusal of Treatment
- [12.37] Leaving hospital prematurely
- [12.38] Refusing to return for further treatment
- [12.39] Failing to submit to corrective surgery
- [12.40] Failure To Obtain a Second Opinion
- [12.41] Consumption of Alcoholic Beverages
- [12.42] Suicide
- [12.43] Negligence Before Treatment at Issue
- [12.44] Contributory Negligence by Next of Kin in a Death Case
- XI. [12.45] Conclusion
- XII. Appendix — Motions, Openings, and Closings
- [12.46] Example of Plaintiff’s Proposed Juror Questionnaire
- [12.47] Example of Plaintiff’s Motions in Limine
- [12.48] Example of Defendant’s Motion in Limine
- [12.49] Example of Motion in Limine Order
- [12.50] Example of Plaintiff’s Motion in Limine Regarding Specific Syndrome
- [12.51] Example of Plaintiff’s Opening
- [12.52] Example of Plaintiff’s Closing
- [12.53] Example of Defendant’s Closing
- [12.54] Example of Plaintiff’s Rebuttal
- Chapter 13 — Preserving the Record, Posttrial Motions, and Appeals
- I. Making a Record
- II. [13.13] Posttrial Motions
- [13.14] Necessity of a Posttrial Motion
- Types of Motions
- [13.15] Motion for Judgment Notwithstanding the Verdict
- [13.16] Motion for New Trial on All Issues
- [13.17] Motion for New Trial on Damages or Liability Only
- [13.18] Motion for Remittitur/Additur
- [13.19] Motion for Reduction Under 735 ILCS 5/2-1205
- [13.20] Detail Required
- [13.21] Page Length
- [13.22] Supporting Brief
- [13.23] Adding to the Record
- [13.24] Extensions of Time
- [13.25] Conditional Rulings
- [13.26] Prejudgment Interest
- [13.27] E-Filing Issues
- [13.28] Motion for Set-Off
- III. [13.29] Notice of Appeal
- IV. [13.37] Staying Execution of Judgment
- V. [13.38] Ordering and Filing the Record
- VI. Special Appeal Issues in Medical Negligence Cases
- Chapter 14 — Liens
- I. [14.1] Introduction
- II. [14.2] Healthcare Provider Liens
- [14.3] Lien Statutes Repealed by the Health Care Services Lien Act
- [14.4] Healthcare Professionals and Providers
- [14.5] Lien Created Under the Health Care Services Lien Act
- [14.6] Caselaw Construing Healthcare Provider Liens
- Liens on Medical Expenses of Minors
- [14.7] Health Care Services Lien Act
- [14.8] Insurance Subrogation
- [14.9] Common Fund Doctrine
- III. Medicare Liens
- IV. Employee Retirement Income Security Act of 1974 Liens
- V. Workers’ Compensation Liens
- VI. [14.26] Illinois Department of Healthcare and Family Services Liens
- VII. [14.35] Attorneys’ Liens
- VIII. Miscellaneous
- IX. [14.39] Conclusion
- Chapter 15 — Ancillary Concerns
- I. [15.1] Introduction
- II. [15.2] Guardianship
- [15.3] Appointment of Guardian Prior to Filing a Lawsuit
- [15.4] When Appointment of Guardian Is Unnecessary
- [15.5] Guardianship of an Adult with a Disability
- [15.6] Venue
- [15.7] Who May Serve as Guardian
- [15.8] Type of Guardianship
- [15.9] Notice of Rights of Respondent
- [15.10] Physician’s Report
- [15.11] Documents Needed To Establish an Adult Guardianship
- [15.12] Duties of a Guardian
- [15.13] Annual Account
- [15.14] Guardianship of a Minor
- [15.15] Venue
- [15.16] Who May Serve as Guardian
- [15.17] Appearance and Consent
- [15.18] Oath and Bond
- [15.19] Documents Needed To Establish a Minor Guardianship
- [15.20] Duties of Guardian
- [15.21] Guardianship After Majority
- [15.22] Inventory and Accounts
- III. Wrongful Death/Survival
- IV. [15.27] Special-Needs Trusts
- V. [15.32] Structured Settlements
- VI. Medicare Set-Aside Arrangements
- VII. [15.43] Minors’ Estates
- VIII. [15.47] Divorce and Personal Injury Actions
- IX. Bankruptcy
- [15.52] Plaintiff in Bankruptcy
- [15.53] Trustee in Bankruptcy Authority
- [15.54] Defendant in Bankruptcy
- [15.55] Notice of Claim
- [15.56] Insurance Coverage as an Asset of the Estate
- [15.57] Bankruptcy Stay of Proceedings
- Defendant’s Insurer’s Insolvency
- [15.58] Liquidation
- [15.59] Illinois Insurance Guaranty Fund
- [15.60] Stay of Proceedings
- [15.61] Plaintiff’s Options
- [15.62] Requirements of the Illinois Insurance Guaranty Fund Statute
- X. Appendix — Sample Forms
- Chapter 16 — Legal and Financial Planning Considerations in Anticipation of a Large Financial Settlement
- I. [16.1] Introduction
- II. Financial Planning Process
- III. Financial Plan
- IV. [16.10] Settlement Options — Lump-Sum or Structured Settlement
- [16.11] Lump-Sum Settlement (Cash Settlement)
- [16.12] Structured Settlement
- [16.13] Pros and Cons of Lump-Sum vs. Structured Settlement
- [16.14] Integrating the Decision Process of a Lump-Sum vs. Structured Settlement in the Financial Plan
- [16.15] Selecting the Correct Structured Settlement Vehicle
- [16.16] Fallacy That the Disclosure of the Cost of a Structured Settlement Deprives the Beneficiary of Its Tax-Free Benefit
- [16.17] Duty of an Attorney To Advise the Client of the Possibility of Obtaining a Structured Settlement
- V. [16.18] Taxation of Litigation Payments in Medical Malpractice Cases — Tort Exclusion to Taxation
- VI. [16.19] Medicare Liens Against Recoveries in Medical Malpractice Cases
- VII. [16.23] Supplemental- or Special-Needs Trust (SNT)
- VIII. [16.24] Preservation of Medicaid Benefits
- IX. [16.25] Other Considerations: How To Select a Financial Advisor
- X. [16.26] Conclusion
- Chapter 17 — Satellite Issues Attendant to Medical Malpractice Litigation
- I. [17.1] Introduction
- II. [17.2] Insurer Bad-Faith Refusal To Settle Within Policy Limits
- [17.3] Early History of Bad Faith
- [17.4] Bad Faith Comes to Illinois
- [17.5] Statutory Preemption
- [17.6] Cramer v. Insurance Exchange Agency and the Insurer’s Duty of Good Faith
- [17.7] When the Duty Arises
- [17.8] Duty Between Insurers or with Insured
- [17.9] Bringing a Bad-Faith Action
- [17.10] The Versatile “Plaintiff” Label
- [17.11] Establishing the Elements of a Bad-Faith Claim
- [17.12] Availability of Punitive Damages in a Bad-Faith Claim
- [17.13] Defenses to a Bad-Faith Claim
- [17.14] Bona Fide Dispute as to Coverage
- [17.15] No Actual Opportunity To Settle Within Policy Limits
- [17.16] Comparative Bad Faith
- III. [17.17] Monitoring Malpractice Litigation
- IV. Federal Reporting Requirements — The Health Care Quality Improvement Act of 1986 and the National Practitioner Data Bank
- [17.18] The History of the HCQIA
- [17.19] The HCQIA’s Legislative Intent
- [17.20] The HCQIA’s Basic Provisions
- [17.21] Reporting and Querying Obligations Under the HCQIA
- [17.22] Basic Reporting Requirements
- [17.23] Required Reports on Medical Malpractice Payments and the Dispute Process
- [17.24] Individual Exception to Malpractice Reporting
- [17.25] Immunity for Disciplinary and Reporting Entities and No Private Cause of Action for Physicians
- [17.26] Further Protection for Peer Review Activities
- V. [17.27] Illinois State Reporting Requirements — The Medical Practice Act of 1987
- VI. [17.31] Actions Against Expert Witnesses for Frivolous or Negligent Testimony
- [17.32] Witness Immunity Doctrine and the Illinois Courts
- [17.33] Policy Goals
- [17.34] Absolute Privilege for Suits Brought by Party Opponent
- [17.35] Absolute Privilege for Suits Brought by Party That Retained Expert
- [17.36] Actions by Professional Organizations Against Negligent Expert Witnesses
- [17.37] Legal Challenges to Disciplinary Actions by Professional Organizations
- [17.38] Peer Review by a Professional Organization of Expert Medical Testimony
- [17.39] Illinois’ Medical Studies Statute and Expert Medical Testimony
- [17.40] Other Jurisdictions
- [17.41] Duty to Party Retaining Expert
- [17.42] Duty to Party Opponent
- [17.43] Nonjudicial Disciplinary Proceedings
- VII. [17.44] Disclosure of Medical Records Under the Health Insurance Portability and Accountability Act of 1996
- [17.45] Privacy Rule
- [17.46] Disclosure of Protected Health Information
- [17.47] Written Patient Authorization and Business Associate Responsibilities
- [17.48] Subpoena or Discovery Request
- [17.49] Relationship Between Health Insurance Portability and Accountability Act Requirements and 735 ILCS 5/8-802
- [17.50] Disclosure of Medical Information in Disciplinary Actions by Professional Organizations Against Expert Witnesses
- VIII. [17.51] Medical Malpractice Legislation
- IX. [17.57] The Patient Protection and Affordable Care Act
- X. [17.58] Conclusion
- Chapter 18 — Nursing Home Negligence
- I. The Nursing Home Care Act
- II. Causes of Action Under the Nursing Home Care Act
- III. Damages Under the Nursing Home Care Act
- IV. [18.11] Standard of Care Issues in Nursing Home Litigation
- V. [18.12] Illinois Department of Public Health Surveys
- VI. [18.13] Long-term Care Peer Review and Quality Assessment and Assurance Protection Act
- VII. [18.14] Nursing Home Care Act Jury Instructions
- VIII. Enforceability of Binding Arbitration Agreements
- IX. False Claims Act Liability
- X. Cameras in Nursing Homes — The Authorized Electronic Monitoring in Long-Term Care Facilities Act
- [18.20] Background and Purpose
- [18.21] Formal Consent Requirements
- [18.22] Roommate Consent Requirements
- [18.23] Miscellaneous Issues with Consent
- [18.24] Costs and Installation of the Electronic Monitoring Device
- [18.25] Notice to Visitors of Electronic Monitoring Devices
- [18.26] Access to Electronic Monitoring Recordings and Use in Litigation
- [18.27] Impacts on the Nursing Home Care Act
- XI. Appendix — Sample Forms
- Chapter 19 — Mediation in Medical Malpractice Cases
- I. Introduction
- II. The Rush University Medical Center Program — A Model for Mediation
- [19.3] Introduction
- [19.4] Goals of the Program — Were the Objectives Met?
- Role of the Hospital’s Representative in the Process
- [19.5] The Decision To Mediate a Case
- [19.6] Selecting the Mediators
- [19.7] Adopting a Mediation Strategy
- [19.8] Bringing Closure to the Dispute
- [19.9] Recommendations Based on the Rush Model
- III. The Mediation Process
- [19.10] When To Consider Mediation
- [19.11] Anticipating an Outcome
- [19.12] Preparing a Client To Make a Decision
- The Conduct of the Process
- [19.13] Whom To Select as Mediators
- [19.14] The Mediation Agreement
- [19.15] The Setting of the Conference
- [19.16] The Use and Value of the Preconference Submission
- How the Conference Is Conducted
- [19.17] Introduction by the Mediators
- [19.18] Opening Statements
- [19.19] Breakout Sessions
- [19.20] Bridging the Gap — The Demand and Offer
- [19.21] Closure
- [19.22] The Role of Mediators
- [19.23] Preliminary Defense-Only Mediation Session
- [19.24] Recommendations to Advocates in the Healthcare Field
- IV. [19.25] The Uniform Mediation Act
- V. [19.26] Mediator’s Ethical Obligation
- VI. [19.27] Conclusion
- VII. [19.28] Sample Mediation Agreement
- Chapter 20 — Reporting Requirements in Settlements
- I. [20.1] Introduction
- II. [20.2] Reporting to the National Practitioner Data Bank
- III. [20.3] Reporting to the Illinois Department of Financial and Professional Regulation
- IV. [20.4] Reporting to Hospitals
- V. [20.5] Reporting to Healthcare Entities
- VI. [20.6] Reporting to Professional Insurers
- VII. [20.7] Reporting in the Media
- VIII. [20.8] Conclusion
- Ian R. Alexander
Ian R. Alexander
Ian R. Alexander is a Partner at Goldberg & Goldberg in Chicago, where he concentrates his practice in the representation of plaintiffs in medical malpractice. He is a member of the Illinois Trial Lawyers Association and the American Association for Justice. Mr. Alexander received his B.A. from the University of Illinois and his J.D. from Tulane Law School.
- Joseph W. Balesteri
Joseph W. Balesteri
Joseph W. Balesteri is a Partner at Power Rogers, LLP, in Chicago, where he focuses his practice on representing plaintiffs in medical malpractice cases. He has been recognized as one of the Best Lawyers in America (22d ed. 2022), the Top Ten Leading Lawyers for Medical Negligence — Plaintiff, and the 2022 Lawdragon 500 Leading Consumer Lawyers. Mr. Balesteri received his B.S. from Indiana University and his J.D. from the DePaul University College of Law.
- Mark R. Benfield
Mark R. Benfield
Mark R. Benfield is an associate at Heyl, Royster, Voelker & Allen, P.C., in Champaign, where he concentrates in medical malpractice. He is a member of the Illinois State and Champaign County Bar Associations and the University of Illinois College of Law Alumni-Student Mentoring Program. Mr. Benfield received his B.S. from Saint Ambrose University and his J.D. from the University of Illinois College of Law.
- Nora E. Bialk
Nora E. Bialk
Nora E. Bialk is an associate at HeplerBroom LLC, where she focuses her practice on the litigation of professional cases and complex medical, dental, and nursing home issues. She is a member of the Chicago Bar Association. Ms. Bialk received her B.A. from Saint Mary’s College and her J.D. from the University of Illinois Chicago School of Law, where she was on the Moot Court Honors Council as an associate justice, participated in multiple moot court competitions throughout the country, and was a quarterfinalist and received the Petitioner Best Brief Award at the Mercer Legal Ethics & Professionalism Moot Court Competition.
- Christian D. Biswell
Christian D. Biswell
Christian D. Biswell is a Shareholder and President of Drake, Narup & Mead, P.C., in Springfield, where he concentrates in the areas of civil litigation, insurance and medical malpractice defense, contracts, civil rights, and subrogation. Mr. Biswell received his B.A., M.A., and J.D. from Southern Illinois University.
- LaDonna L. Boeckman
LaDonna L. Boeckman
LaDonna L. Boeckman is an attorney at HeplerBroom LLC in Chicago, where she focuses her practice on professional liability defense. She has been recognized in Best Lawyers’ list of Ones to Watch (2021 – 2022) and granted the Trial Lawyer Excellence Award for Outstanding Defense Verdict by Jury Verdict Reporter (2012), and she is a member of the Defense Research Institute, Illinois Defense Counsel, and the Chicago Healthcare Risk Management Society. Ms. Boeckman received her B.A. magna cum laude from Drake University and her J.D. with honors from the Drake University Law School.
- Marisa A. Brunetti
Marisa A. Brunetti
Marisa A. Brunetti is an associate at Cunningham, Meyer & Vedrine, PC, in Warrenville, where she concentrates in insurance defense in the areas of medical malpractice and complex. She is a member of the Illinois State and Women’s Bar Associations. Ms. Brunetti received her J.D. from the University of Illinois Chicago School of Law and was published in its Law Review.
- Amelia S. Buragas
Amelia S. Buragas
Amelia S. Buragas is an attorney at law in Bloomington, where she focuses on appeals, tort law, media law, and municipal law. She is a member of the Appellate Lawyers Association Board of Directors and the ISBA’s Special Committee on the Rural Practice Initiative and a Fellow of the American Bar Foundation. She received her B.S. from the University of Illinois Urbana-Champaign, her M.A. from the University of Wisconsin–Madison, and her J.D. magna cum laude, Order of the Coif, from the University of Wisconsin Law School.
- Chelsea L. Caldwell
Chelsea L. Caldwell
Chelsea L. Caldwell is an associate at HeplerBroom LLC in DuPage County, where she focuses her practice on medical and dental malpractice, nursing home litigation, and professional liability. She has been recognized as one of the Top 40 Under 40 by National Trial Lawyers (2020) and a Rising Star by Illinois Super Lawyers (2021 – 2022). Ms. Caldwell received her B.A. from the University of Illinois and her J.D. cum laude from the Valparaiso University School of Law.
- Lauren F. Crissie
Lauren F. Crissie
Lauren F. Crissie is an attorney at McCabe Kirshner P.C. in Lincolnwood, where she focuses her practice on the litigation of professional and general liability cases, with an emphasis on the defense of complex medical, dental, and nursing home issues. She is a member of the Illinois Association of Defense Trial Counsel. Ms. Crissie received her B.A. from Northern Illinois University and her J.D. from the University of Illinois Chicago School of Law, where she was awarded the CALI Excellence for the Future Award for the highest grade in Evidence (Spring 2013) and Illinois Civil Procedure (Spring 2014) and served as staff editor for the Review of Intellectual Property Law.
- Samantha M. D’Anna
Samantha M. D’Anna
Samantha M. D’Anna is an associate at Smith Blake Hill LLC in Chicago, where she concentrates her practice in healthcare and other professional liability defense. She received her B.A. from Bradley University and her J.D. from the University of Dayton School of Law, where she was a member of the Law Review, serving as Staff Writer and Publication Editor, and she earned CALI awards for the highest grades in Civil Procedure and Legal Writing and Research.
- Kevin M. Fleming
Kevin M. Fleming
Kevin M. Fleming is an associate at Smith Blake Hill LLC in Chicago, where he focuses on defense of healthcare institutions and providers. He received his J.D. from the University of Illinois Chicago School of Law.
- Emily J. Galligan
Emily J. Galligan
Emily J. Galligan is an associate at Heyl, Royster, Voelker & Allen, P.C., in Peoria, where she focuses her practice on employment law and medical malpractice. She was named among the Best Lawyers in America: Ones to Watch for Medical Malpractice Law — Defendants (2021 – 2022) and to Law Bulletin Publishing Company’s List of Illinois Emerging Lawyers (2018 – 2021). Ms. Galligan received her B.S. from Illinois State University, her M.B.A. from Bradley University, and her J.D. from the Northern Illinois University College of Law.
- Jeffrey M. Goldberg
Jeffrey M. Goldberg
Jeffrey M. Goldberg is a Partner at Goldberg & Schulkin Law Offices in Chicago, where he focuses his practice on medical malpractice and personal injury cases. He is a member of the American Association for Justice Birth Trauma Litigation Group, a Past Chair of the Illinois Trial Lawyers Association Medical Malpractice Committee, and a Past President of the Trial Lawyers for Public Justice. Mr. Goldberg received his B.S. from Bradley University and his J.D. from the University of Illinois Chicago School of Law.
- Hugh C. Griffin
Hugh C. Griffin
Hugh C. Griffin is Of Counsel to Hall Prangle & Schoonveld LLC in Chicago. He is a member of the American Academy of Appellate Lawyers, the Appellate Lawyers Association, and the Illinois Defense Counsel. Mr. Griffin received his B.A. from Loyola University and his J.D. from the Notre Dame Law School.
- Alyssa L. Haaker
Alyssa L. Haaker
Alyssa L. Haaker is an associate at Drake, Narup & Mead, P.C., in Springfield, where she focuses her practice on insurance defense litigation and medical malpractice defense. She is a member of the Sangamon County and Illinois State Bar Associations, and she serves on the Board of Trustees for the Hoogland Center for the Arts. Ms. Haaker received her B.S. from Florida Southern College and her J.D. from the Southern Illinois University School of Law.
- Jeffrey R. Hanes
Jeffrey R. Hanes
Jeffrey R. Hanes is a Partner at Nora & Partners, LLP, in Chicago, where he focuses his practice on medical malpractice defense. He has been recognized by Illinois Rising Stars (2022) and is a member of the Chicago and Illinois State Bar Associations. Mr. Hanes received his B.S. from the University of Wisconsin–Madison and his J.D. cum laude from the Northern Illinois University College of Law.
- Keith A. Hebeisen
Keith A. Hebeisen
Keith A. Hebeisen is a Partner at Clifford Law Offices in Chicago, where he concentrates his practice in medical negligence. He is a member and Past President of the Illinois Trial Lawyers Association, a member of the International Academy of Trial Lawyers, and a member of the American College of Trial Lawyers. Mr. Hebeisen received his B.A. from the University of Illinois Urbana-Champaign and his J.D. with honors from the DePaul University College of Law.
- Richard J. Hickey, III
Richard J. Hickey, III
Richard J. Hickey, III, is a Partner at Hickey & Associates, LLC, in Chicago, where he concentrates in medical malpractice defense, labor and employment litigation, airline litigation, and commercial litigation and transactional advice. He is a recipient of the Lifetime Achievement Award issued by the Jury Verdict Reporter; the Top Attorneys Award for Medical Malpractice, Commercial and Labor Litigation; and the AV Preeminent Rating from Martindale-Hubbell Peer Review. Mr. Hickey received both his B.A. (magna cum laude, Phi Beta Kappa) and J.D. (cum laude) from the University of Illinois.
- Thomas R. Hill
Thomas R. Hill
Thomas R. Hill is a Partner at Smith Blake Hill LLC in Chicago, where he focuses his practice on defense of healthcare institutions and providers. He received his J.D. from the Loyola University Chicago School of Law.
- Richard K. Hunsaker
Richard K. Hunsaker
Richard K. Hunsaker is the Managing Partner at and Shareholder of Heyl, Royster, Voelker & Allen, P.C., in St. Louis, where he concentrates his practice in professional liability and medical malpractice defense. He is President of the American Board of Trial Advocates, Missouri/Southern Illinois Chapter (2019); a Leading Lawyer for Illinois; and a Super Lawyer for Illinois and Missouri. Mr. Hunsaker received both his B.A. (with high distinction) and his M.A. from the University of Illinois and his J.D. from the Washington University School of Law.
- Scott J. Kater
Scott J. Kater
Scott J. Kater is an associate at Donohue Brown Mathewson & Smyth, LLC, in Chicago, where he concentrates his practice in professional liability, medical malpractice, legal malpractice, and products liability. He is a member of the Illinois Bar, the Northern District of Illinois Bar, and the Central District of Illinois Bar. Mr. Kater received his J.D. from Loyola University Chicago School of Law.
- Sarah F. King
Sarah F. King
Sarah F. King is a Partner at Clifford Law Offices in Chicago, where she concentrates her practice in medical devices and pharmaceutical litigation, medical malpractice and hospital negligence, personal injury, and wrongful death. She has been recognized by Best Lawyers in America (2021), as an Illinois Super Lawyers Rising Star (2016 – 2020), and as an Emerging Lawyer by Law Bulletin Media (2017 – 2020). Ms. King received her B.A. from Loyola University Chicago and her J.D. summa cum laude from the DePaul University College of Law.
- Daniel P. Kramer
Daniel P. Kramer
Daniel P. Kramer is a Partner at Swanson, Martin & Bell, LLP, in Chicago, where he focuses his practice on civil litigation. He is a member of the Chicago Bar Association, the Defense Research Institute, and the Chicagoland Healthcare Risk Management Society. Mr. Kramer received his B.A. from the University of Illinois Urbana-Champaign and his J.D. from the University of Illinois Chicago School of Law.
- Paige A. Krueger
Paige A. Krueger
Paige A. Krueger is an associate at Hall Prangle & Schoonveld LLC in Chicago, where she focuses her practice on civil litigation. She is a member of the Chicago and Women’s Bar Associations. Ms. Krueger received her B.A. from the University of Wisconsin–Milwaukee and her J.D. from the University of Illinois Chicago School of Law.
- Stephen B. Levy
Stephen B. Levy
Steven B. Levy is an attorney in Naperville focusing his practice on plaintiff’s personal injury and wrongful death. He has served as General Editor of earlier editions of IICLE®s medical malpractice handbook and has been recognized as a Top Personal Injury Lawyer and Top Medical Malpractice Lawyer by Chicago Law Bulletin. Mr. Levy received his B.A. from the University of Illinois and his J.D. from the Chicago-Kent College of Law.
- Kenneth T. Lumb
Kenneth T. Lumb
Kenneth T. Lumb is a Partner at Corboy & Demetrio in Chicago, where his practice focuses on medical negligence. He is a member of the American Association of Justice, the Illinois Trial Lawyers Association, and the Illinois State Bar Association. He received his B.A. from the University of Notre Dame and his J.D. from the DePaul University College of Law.
- J. Kent Mathewson
J. Kent Mathewson
J. Kent Mathewson is a Partner at Donohue Brown Mathewson & Smyth LLC in Chicago, where he focuses his practice on commercial litigation, medical malpractice, product liability, and professional liability. He has been recognized in The Best Lawyers in America for Medical Malpractice Law — Defendants (2021 – 2022), as an Illinois Super Lawyer in Civil Litigation Defense (2006 – 2021), and by his peers in the Leading Lawyers Network for Commercial Litigation, Medical Malpractice Defense Law, and Products Liability Defense Law (2020). Mr. Mathewson received his B.A., cum laude and with distinction, from Dartmouth College and his J.D. from the University of Chicago Law School.
- Renee L. Monfort
Renee L. Monfort
Renee L. Monfort is a Shareholder of Heyl, Royster, Voelker & Allen, P.C., in Champaign, where she focuses her practice on medical malpractice. She is a member of the American College of Trial Lawyers and the Illinois Supreme Court Committee on Character and Fitness, and she was an adjunct profession teaching trial advocacy for the University of Illinois College of law (2006 – 2018). Ms. Monfort received her B.S. from Murray State University and her J.D. from Stetson University.
- Francis (Frank) P. Morrissey
Francis (Frank) P. Morrissey
Francis (Frank) P. Morrissey is a Cofounder of Wise Morrissey, LLC, in Chicago, where he focuses his practice on medical malpractice and catastrophic injury. He is President of the Illinois Trial Lawyers Association, a Past President of the Celtic Lawyers Society, and a member of the Irish Legal 100. Mr. Morrissey received his B.A. from College of the Holy Cross in Massachusetts and his J.D. from the Loyola University Chicago School of Law.
- Robert L. Nora
Robert L. Nora
Robert L. Nora is Managing Partner of Nora & Partners, LLP, in Chicago, where he concentrates his practice in medical malpractice defense. He has been recognized by Illinois Super Lawyers and Illinois Leading Lawyers (both 2005 – present) and is a member of the Illinois Society of Trial Lawyers. Mr. Nora received his B.A. with honors from Northwestern University and his J.D. from DePaul University College of Law.
- Zachary R. Pancoast
Zachary R. Pancoast
Zachary R. Pancoast is a Partner at Rossiter & Boock, LLC, in St. Louis, where he focuses his practice on medical malpractice and personal injury. He is a member of the Illinois Trial Lawyers Association and the Missouri Association of Trial Attorneys. He is also listed in Super Lawyers and Best Lawyers. Mr. Pancoast received his B.A. from DePauw University and his J.D. from the St. Louis University School of Law.
- Robert B. Patterson
Robert B. Patterson
Robert B. Patterson, Law Offices of Robert B. Patterson, Ltd., in Chicago, focuses his practice on plaintiff personal injury. He is a member of the American Board of Trial Advocates, is listed in the Bar Register of Preeminent Lawyers, and is a member of the Illinois State Bar Association. Mr. Patterson received his B.A. with distinction, Phi Beta Kappa, from Penn State University and his J.D. cum laude from the Northwestern University School of Law.
- J. Tyler Robinson
J. Tyler Robinson
J. Tyler Robinson is a Partner at Heyl, Royster, Voelker & Allen, P.C., in Springfield, where he focuses his practice on medical malpractice defense. He has been named an Illinois Super Lawyers Rising Star and an Illinois Emerging Lawyer by the Law Bulletin Publishing Company. Mr. Robinson received his B.S. from Southern Illinois University and his J.D. from the Southern Illinois University School of Law.
- Jeffrey A. Schulkin
Jeffrey A. Schulkin
Jeffrey A. Schulkin is a Partner at Goldberg & Schulkin Law Offices in Chicago, where he concentrates his practice on personal injury and medical malpractice. He was selected as a 2022 Illinois Super Lawyer for Personal Injury and is a member of the Illinois State Bar Association Section Counsel for Torts and the Illinois Trial Lawyers Association. Mr. Schulkin received his B.A. from the University of Illinois Urbana-Champaign and his J.D. from Chicago-Kent College of Law.
- Allen N. Schwartz
Allen N. Schwartz
Allen N. Schwartzis a Partner at Kralovec, Jambois & Schwartz in Chicago, where he concentrates his practice in medical malpractice and personal injury. He is a member of the American College of Trial Lawyers and the American Board of Trial Advocates and is a Fellow of the American Bar Association. Mr. Schwartz received his B.A. from the University of Illinois and his J.D. with honors from the Chicago-Kent College of Law.
- Thomas G. Siracusa
Thomas G. Siracusa
Thomas G. Siracusa is a Partner at Power Rogers, LLP, in Chicago. He is a member of the Illinois Trial Lawyers Association’s Board of Managers and the American Trial Board of Advocates. Siracusa received his B.A. from Loyola University Chicago and his J.D. with honors from Chicago-Kent College of Law.
- Ryan M. Slovis
Ryan M. Slovis
Ryan M. Slovis is an associate at Swanson, Martin & Bell, LLP, in Chicago where he concentrates his practice in civil litigation. He is a member of the Illinois State and Chicago Bar Associations. Mr. Slovis received his B.A. from Miami University and his J.D. from the Chicago-Kent College of Law.
- Michael T. Trucco
Michael T. Trucco
Michael T. Trucco is a Partner at Stamos & Trucco LLP in Chicago, where he concentrates his practice in civil litigation defense, professional liability defense, and healthcare law. He is a member of the Society of Trial Lawyers and the American Board of Trial Advocates. He has also been named an Illinois Super Lawyer in Civil Litigation Defense. Mr. Trucco received his B.S. from Bradley University and his J.D. from the DePaul University College of Law, where he was Editor-in-Chief of the DePaul Law Review.
- Katie B. Trucco
Katie B. Trucco
Katie B. Trucco is an associate at Donohue Brown Mathewson & Smyth LLC in Chicago, where she focuses her practice on the defense of physicians, hospitals, and other healthcare providers in medical malpractice and professional liability cases. Ms. Trucco received her undergraduate degree from the University of Michigan and her J.D. from the Loyola University Chicago School of Law, where she served as Publications Editor of the Loyola University Chicago Law Journal.
- Kevin J. Vedrine
Kevin J. Vedrine
Kevin J. Vedrine is a Partner at Cunningham Meyer & Vedrine, P.C., in Warrenville, where he focuses his practice on medical malpractice and professional negligence. He is a member of the Illinois State and DuPage County Bar Associations. Mr. Vedrine received his B.A. from the University of Illinois and his J.D. from the DePaul University College of Law.
Medical Malpractice 2022 Edition
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