Illinois Appellate Court adopts rule on statute of limitations in wrongful death suit

admin — Thu, 17 Sep 2015 21:32:34 +0000

The Illinois Appellate Court has adopted a strict rule on the statute of limitations in a wrongful death lawsuit. In Moon v. Rhode, the court ruled that, the lawsuit must be brought within two years of the knowledge of the death, regardless of when the executor of an estate learned of an allegedly wrongful cause of death. The court noted that because the cause of action is created by statute, it must be read as written. The statutes at issue are the Illinois Wrongful Death Act and the statute of limitations for lawsuits against physicians, both of which refer to the date of death.

In personal injury lawsuits, the “Discovery Rule” allows injured people to file a lawsuit beyond the usual two year statute of limitations if they did not learn of the wrongful cause until a later date.

However, in the case at issue, the specific statute relating to physicians applied rather than the general statute of limitations because the lawsuit alleged medical malpractice.

Several Illinois courts have found the discovery rule to apply to wrongful death lawsuits as well, and the Moon case conflicts with previous holdings. According to legal observers, in order for the discrepancy to be resolved, the Illinois Supreme Court may have to author an opinion that applies to all wrongful death lawsuits, regardless of whether the action is brought against a doctor.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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In medical malpractice case, Illinois Supreme Court defines “Good Samaritan”

admin — Fri, 02 Jan 2015 23:15:16 +0000

“Good Samaritan” laws exist in many states to ensure that people who volunteer to help in an emergency are not sued for damages if they negligently cause harm to another. Good Samaritan laws create an immunity where liability would otherwise exist, so that people are not discouraged from helping others out of a fear of being sued. In Illinois, the statute provides that licensed medical professionals who provide emergency care “without fee” are not liable for damages.

A recent Illinois Supreme Court case tested the meaning of the phrase “without fee.” In Home Star Bank and Financial Services v. Emergency Care and Health Organization, Ltd., the Court unanimously held that an emergency room doctor was not entitled to immunity under the Illinois Good Samaritan Act when he responded to a “Code Blue” emergency in a different part of the hospital.

The case involved a physician working in the emergency room who responded to a Code Blue emergency in the intensive care unit. The doctor attempted to intubate the patient, and the patient suffered severe brain injuries. Plaintiffs sued the doctor and his employer for medical malpractice, and the doctor moved for summary judgment, arguing that he was entitled to immunity under the Good Samaritan statute because the patient was not billed for the doctor’s services. Plaintiffs argued that the issue of billing was irrelevant and that the doctor was not volunteering, but doing his job.

The trial court granted summary judgment, but the Appellate Court reversed, and the Supreme Court unanimously affirmed the Appellate Court’s decision.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The post In medical malpractice case, Illinois Supreme Court defines “Good Samaritan” first appeared on SEONewsWire.net.

Illinois Supreme Court | SEONewsWire.net

Illinois Appellate Court adopts rule on statute of limitations in wrongful death suit

In medical malpractice case, Illinois Supreme Court defines “Good Samaritan”