Hepler Broom, LLC

Category Archives: Medical Malpractice

A Review of Negligent Credentialing Case Law

September 3, 2020

“Just when I thought I was out, they pull me back in!” –Michael Corleone, The Godfather Part III Al Pacino probably doesn’t know it, but his iconic line from The Godfather Part III encapsulates the plight of hospitals pulled into medical malpractice suits due to negligent credentialing claims. That’s because plaintiffs sometimes assert this claim […]

The Antiquity of “Apparent Agency” in the Modern Health Care System

June 13, 2019

The question of what constitutes “apparent agency” in the context of alleged medical malpractice continues to be analyzed by the Illinois appellate courts. The issue was first addressed by the Illinois Supreme Court in the case of Gilbert v. Sycamore Municipal Hospital. 156 Ill.2d 511 (1993). In Gilbert, the Court set forth a multi-factor test […]

Until Death Do Us Part … The Impact of a Plaintiff’s Death During Litigation

October 30, 2018

Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial […]

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