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Articles Posted in Legislation

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Medical Malpractice In The Military

Should an active member of the United States military be able to sue the United States Government for medical malpractice?  The answer according to the United States Supreme Court in Feres v. The United States, 24 U.S. 135 (1950) is no.  The Feres doctrine, as it is commonly know, prohibits an…

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Chicago Medical Malpractice – Wrongful Death Damages

Survivors of a victim of a wrongful death that occured before May 31, 2007 in Illinois were limited under the Illinois Wrongful Death Act to recover only pecuniary loses completely discounting the survivors grief from consideration.  Pecunary loss includes the loss of benefit of the decedent’s love, affection, care, attention, companionship,…

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Further Evidence That Tort Reform Does Not Work

Here in Illinois the legislature passed the Medical Malpractice Reform Act of 2005.  The MMRA caps damages and contains other relief that benefits nobody but the state’s insurance companies. In neighboring Indiana they have tort reform also.  Claimants are required to present their cases to a medical review board composed of…

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Saying Sorry

Often times when we meet with new clients in our Chicago office they tell us that they are most upset about the fact that no one has ever said they are sorry after a tragic event occurs.  Lawyers and insurance companies have for years advised their doctor clients to deny…

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