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ANNE M. 
OLDENBURG

Partner

aoldenburg@heplerbroom.com

312-477-0712

Chicago, IL

 

Areas of Practice

  • Professional Liability
  • Medical Malpractice
  • Nursing Home Litigation

Education

  • The John Marshall Law School, Chicago, Illinois, J.D., with distinction,1986
  • Ripon College, Ripon, Wisconsin, B.A., 1983, cum laude

Admissions

  • Illinois Supreme Court
  • United States District Court, Federal Trial Bar
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Southern District of Illinois
  • United States District Court for the Central District of Illinois

Practice Description


Ms. Oldenburg focuses her practice on the defense of healthcare professionals, including all aspects of civil litigation including appeals. She also represents professionals before state licensing boards. She has tried numerous cases to successful verdict and handled many cases through successful appeal.

Before joining HeplerBroom, Ms. Oldenburg was an equity partner in the Chicago firm of Hay & Oldenburg, LLC, formerly known as Alholm, Monahan, Klauke, Hay & Oldenburg. Previously, she was a judicial clerk for the Honorable Ben K. Miller of the Illinois Supreme Court and for the Honorable John T. McCullough of the Fourth District, Appellate Court of Illinois.

Law School Honors/Involvement


  • Moot Court Council

Professional Association Involvement


  • American Academy of Healthcare Attorneys of the American Hospital Association
  • Association of Defense Trial Attorneys
  • American Society of Healthcare Risk Managers
  • Chicago Bar Association
    • Past Member, Judicial Evaluation Committee
    • Hearings and Investigation Division
  • Chicagoland Healthcare Risk Management Society
  • Defense Research Institute
    • Illinois State Representative (2012-2013)
    • Member, Medical Liability Committee
    • Member, Long-Term Care Committee
  • Illinois Association of Defense Trial Attorneys
    • Executive Board President (2011-2012)
    • Executive Board President-Elect (2010-2011)
    • Executive Board 1st Vice President (2009)
    • Executive Board 2nd Vice President (2008)
    • Executive Board Secretary-Treasurer (2007)
    • Member, Board of Directors
    • Member, Professional Liability Committee
    • Co-Chair, IDC 50th Anniversary Gala
    • Chair, Diversity in Participation Committee
    • Co-Chair, Fall Seminar Committee (2000)
    • Chair, Fall Seminar Committee (2001)
    • Faculty, Trial Academy
  • Illinois Association of Healthcare Attorneys

Awards & Distinctions


  • IDC Distinguished Member Award (2016)
  • Martindale Hubbell AV Rated
  • Illinois Super Lawyers (2005-2015)
    • Top 50 Female Lawyers in Illinois (2006-2008)
  • President’s Commendation – Co-Chair, IDC 50th Anniversary Gala (2014)
  • Leading Lawyers, Law Bulletin Publishing Company (since 2013)
  • Trial Lawyer Excellence Award, Jury Verdict Reporter (2012)
    • Outstanding Defense Verdict – Dental Malpractice
  • Continuing Excellence Award, Oral and Maxillofacial Surgeons National Insurance Company (2012)
  • Outstanding Service Award, Fortress Insurance Company (2007)
  • Illinois State Bar Association
    • Participant, Allerton Conference on Jury Reform (2006)
  • Chicago Women in Law
    • Chicago Lawyer (August 2002)
  • Defense Star Award (2002-2003)
    • OMSNIC (Oral and Maxillofacial Surgeons National Insurance Company)
  • 40 Illinois Attorneys Under 40 to Watch (2001)
    • Law Bulletin Publishing Company
  • President’s Commendation for Fall Seminar (2001)
    • Illinois Association of Defense Trial Attorneys

Community Involvement


  • Local Doctor’s Insurance Company (2014-present)
    • Board of Directors
    • Member of Claims Committee
    • Member of HR/Compensation Committee
  • Elmhurst Memorial Hospital Foundation
    • Board of Trustees (2006-present)
  • Elmhurst Memorial Hospital Chef Fest Committee (2015-present)
  • Elmhurst Memorial Home Health/Hospice
    • Board of Trustees (2008-2014)
  • Elmhurst Memorial Golf Classic Leadership Committee (2006-2014)
  • Elmhurst Memorial Hospital Guild (2004-2014)
  • Saints Mary and Elizabeth Hospital
    • Jack Leahy Invitational Golf Committee (2005-2007)

Published Legal Writing


  • Co-author, “Web Reputation: Setting a Patient’s Expectations,” OMS Guardian (2016)
  • Co-author, “Web Reputation: Setting a Patient’s Expectations,” (DDS Guardian (2016)
  • Co-author, “Non-Party Treating Physicians: Protection of Patient Confidentiality” (PIAA Quarterly, 2013)
  • “Dental Malpractice: Running From Risk” [submitted to Dentaltown (audio online course article), February 2009]
  • “National Practitioner’s Data Bank” (Woman Dental Journal, July 2007)
  • Co-author, “Legalities” (Woman Dentist Journal/Chronicle, monthly column on risk management and related legal issues, 2006-2008)
  • “The 10 Biggest Mistakes Physicians Make Which Prevent Them from Transferring Risk” (SEAK, Inc.’s The Biggest Legal Mistakes That Physicians Make and How to Avoid Them, 2005)
  • “The 10 Biggest Mistakes Physicians Make When Obtaining Insurance Coverage” (SEAK, Inc.’s The Biggest Legal Mistakes That Physicians Make and How to Avoid Them, 2005)
  • Co-author, “Understanding the National Practitioners Data Bank” (Dental Claims and Insurance News, Vol. 13, 1998)
  • Co-author, “Evolving Trends in Medical Liability Law” (IDC Quarterly, Vol. 8, No. 3, 1998)
  • Co-author, “Legal Malpractice: Recent Developments and Trends in the Law” (IDC Quarterly, Vol. 6, No. 3, 1996)
  • Co-author, “Experts Are Not Agents and May Be Abandoned Without Threat of Missing Witness Instruction” (IDC Quarterly, Vol. 4, No. 4, 1994)
  • Co-author, “The Burden of Proof on Proximate Cause: Should Illinois Take a Chance?” (IDC Quarterly, Vol. 2, No. 4, 1994)

Legal Lectures


  • “Peer Review: Accomplishing the Goal” (Chicago Dental Society, Oak Brook IL, 2016)
  • “Running from the Law” (Infinity Healthcare Management, Hillside IL, 2016)
  • “Running from the Law” (Ambassador Nursing and Rehabilitation Center, Chicago IL, 2016)
  • “Beyond the Science: Patient Emotions in Dentistry” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2016)
  • “Driving the Defense: Pre-suit Analysis in the Long-Term Care Setting” (Sedgwick RN Training Seminar, Chicago IL, 2016)
  • “Panel Discussion: Case Law, Legislation and Regulatory Update” (CHRMS Law Day, Chicago IL, 2015)
  • “Running from the Law” (Berkeley Nursing & Rehabilitation Center, Oak Park IL, 2015)
  • “Risk in the Electronic Age” (Continental Nursing Home, Chicago IL, 2015)
  • “Beyond the Science: Patient Emotions in Dentistry” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2015)
  • “Beyond the Science: Patient Emotions” (TDIC Seminar, Oak Brook, IL, 2014)
  • “Running from the Law” [AAOC Quarterly Meeting (Doctors Direct Insurance), Chicago IL, 2014)
  • “Risky Business: How to Avoid Lawyers and Lawsuits” (Mandelaris’ Study Club, Park Ridge IL, 2014)
  • “Tale of the Tainted Tongue” (Professional Solutions Insurance Company Dental, Claims, Risk and Marketing Staff, Clive IA, 2014)
  • “High Cost of Shortcuts” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2014)
  • “The High Cost of Shortcuts” (TDIC Seminar, Oak Brook, IL, 2013)
  • “Exploring Local and General Anesthetic Techniques in Dentistry: Guidelines, Risks and Reducing Claims Exposure” (PIAA Webinar, 2013)
  • “Legal Issues in the EMR” (St. Joseph Hospital, Chicago IL, 2013)
  • “Issues in the LTAC Setting” (Kindred Medical Staff Meeting, Chicago IL, 2013)
  • “The High Cost of Shortcuts” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2013)
  • “High Cost of Shortcuts” (TDIC Seminar, Oak Brook IL, 2012)
  • “Developing a Defense Plan” (IICLE program on Pretrial Preparation in Civil Practice, Chicago IL, 2012) 
  • “Good Intentions – Bad Outcomes” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2012) 
  • “Good Intentions – Bad Outcomes” (TDIC Seminar, Oak Brook IL, 2011) 
  • “Write is Might” (ICAHN Webinar, Chicago IL, 2011) 
  • “Legal Issues in the Electronic Age” (CHRMS Seminar, Schaumburg IL, 2011) 
  • “Dental Malpractice: Learning the Rules of the Road” (Minnesota Dental Society, Star of the North Seminar, 2011) 
  • “Write is Might” (Saint Joseph Hospital, Chicago IL, 2011) 
  • “Write is Might” (Saint Francis Hospital, Chicago IL, 2011) 
  • “Tale of the Tainted Tongue” (Chicago Dental Society Midwinter Meeting, Chicago IL, 2011) 
  • “Write Is Might: Running From Risk” (INA and Provena St. Joseph Medical Center, Joliet IL, 2010) 
  • “Legal Implications of Nursing Documentation and Communication” (INA Local Unit Conference, Galena IL, 2010) 
  • “Risk Management Seminar: Framework for Positive Effective Interactions” (TDIC, Chicago IL, 2009) 
  • “Write is Might: Running from Risk” (Sauk Valley Community College, Dixon IL, 2009) 
  • “Curing Litigation Wounds: The Defense Attorney Perspective” (INA-Wound Care Nursing Association, Burr Ridge IL, 2009) 
  • “Dental Malpractice: Running From Risk” (audio online course, dentaltown.com, 2009) 
  • “Website Updates & ‘Sticky’ Ideas” (Defense Research Institute, North Central Regional Meeting, Las Vegas NV, 2009) 
  • “Write is Might: Running from Risk” (Kindred Healthcare, Chicago IL, 2009) 
  • “Avoiding Claims and Litigation: Dental Malpractice” (Oakstone Medical Publishing, LLC, audio conference, 2008) 
  • “Running from Risk” (University of Chicago Hospitals, Chicago IL, 2008) 
  • “Write Is Might: Documentation Seminar” (Resurrection Health Care–St. Joseph, Chicago IL, 2008) 
  • “Risk Management Issues and the Electronic Medical Record” (The Clarity Group, Inc., Chicago IL, 2008) 
  • “Alternative Dispute Resolution: Pros and Cons” (American Society for Healthcare Risk Management Annual Conference, Chicago IL, 2007) 
  • “Criminal Liability in Nursing Home Cases” (Illinois Institute of Continuing Legal Education, Springfield, 2007; Chicago, 2007) 
  • “Providing Testimony and the Duty to Warn” (Resurrection Health Care, 2006) 
  • “Medical Malpractice and Risk Management: Best Practices for Healthcare Professionals” (Co-sponsored by the Muslim Bar Association, Oak Brook Surgical Center, Oak Brook IL, 2006) 
  • “Informed Consent: Understanding the Risks” (Holy Family Medical Center, Des Plaines IL, 2005) 
  • “Informed Consent: Understanding the Risks” (Holy Family Medical Center staff, Des Plaines IL, 2004) 
  • “Defending Against the Charlatan Expert” (Defending Against Sexual Torts, Illinois Association of Defense Trial Counsel and the Insurance School of Chicago, Chicago IL, 2004) 
  • “Running from Risk: Nursing Care in Obstetrics” (Saint Joseph Hospital, Chicago IL, 2004) 
  • “HIPAA Basic Training” (Arcolian Dental Society, 2003) 
  • “Recent Developments, Trends, Legislation, Verdicts, Decisions and the Harvard Study” (DRI Nursing Home Litigation Conference, Las Vegas NV, 2003) 
  • “Anatomy of a Claim: You be the Judge” (SITE National Conference, Chicago IL, 2003) 
  • “Dental Malpractice: Learning the Rules of the Road” (Kankakee Dental Society, Riverside Medical Center, Kankakee IL, 2003) 
  • “Computerized Medical Office Records: Can They Reduce Your Practice's Malpractice Risk and Improve Patient Safety?” (ISMIE Mutual Insurance Company, "Reducing Errors in Family Practice," Stonegate Conference Center, Hoffman Estates IL, 2003) 
  • “Structural Work Act: Repeal, Revival, Repercussions” (Illinois Road and Transportation Builders Association, National Conference, Boca Raton FL, 2003) 
  • “Run From Risk in Residency” (Catholic Health Partners, New Resident Seminar, St. Joseph Hospital, Chicago IL, 2001) 
  • “Trauma, Triage, and Triumph: Legal Issues in the Emergency Care Setting” (St. Anthony Hospital Emergency Department, Chicago IL, 2001) 
  • “The Impact of Electronic Records in Medical Negligence Litigation” (Lorman Educational Seminars, Holiday Inn, Itasca IL, 2001) 
  • “Nurses on Trial” (American Association of Critical Care Nurses Regional Meeting, Arlington Park Sheraton, Arlington Heights IL, 2001) 
  • “The Impact of Electronic Records in Medical Negligence Litigation” (Physicians Insurance Company, Madison WI, 2001) 
  • “The Impact of Electronic Records in Medical Negligence Litigation” (Illinois State Medical Inter-Insurance Exchange, Chicago IL, 2001) 
  • “The Impact of Electronic Records in Medical Negligence Issues” (American Society of Healthcare Risk Managers, New Orleans LA, 2000) 
  • “The Impact of Electronic Records on Medical Negligence Litigation” (American Association of Critical-Care Nurses, Midwest Conference, Chicago IL, 2000) 
  • “Confidentiality of Medical Records” (Lorman Education Services, Itasca IL, 1999) 
  • “The Impact of Electronic Records on Medical Negligence Issues” (Wisconsin Society of Healthcare Risk Managers, Annual Convention, Egg Harbor WI, 1999) 
  • “Return to Work Issues in Illinois” (Lorman Education Services, Rosemont IL, 1999) 
  • “Taking and Defending Depositions” (Chicago Bar Association, Continuing Legal Education Programs, Chicago IL, 1999) 
  • “Return to Work Issues in Illinois” (Lorman Education Services, Oak Brook IL, 1999) 
  • “Legal Issues in Home Healthcare” (Partners in Homecare, Chicago IL, 1999) 
  • “Confidentiality of Medical Records” (Lorman Education Services, Rosemont IL, 1999) 
  • “Legal Issues of Patient Care” (Catholic Health Partners, New Resident staff, Chicago IL, 1999) 
  • “Confidentiality of Medical Records” (Lorman Education Services, Oak Brook IL, 1999) 
  • “Nurses on Trial” Catholic Health Partners, Chicago IL, 1999) 
  • “Dental Malpractice: Learning the Rules of the Road” (PIC Wisconsin Insureds, Oak Brook IL, 1999) 
  • “Defense Medical Documentation” (Catholic Health Partners, Chicago IL, 1999) 
  • "The Litigation Process" (Daughters of Charity National Health System, Catholic Health Partners, 1998) 
  • "Legal Issues of Informed Consent" (Columbus Hospital, 1998) 
  • "Taking and Defending Depositions" (Chicago Bar Association, Continuing Legal Education Programs, Chicago IL, 1998) 
  • “Legal Issues of Patient Care” (Catholic Health Partners, Chicago IL, 1998) 
  • “Medical Evidence: Law and Technique” (Illinois Insurance and Tort Law Update, Professional Education Systems, Inc., Doubletree Guest Suites, Chicago IL, 1998) 
  • “Medical Evidence: Law and Technique” (Illinois Insurance and Tort Law Update, Professional Education Systems, Inc., Holiday Inn, Collinsville IL, 1998) 
  • “Litigation¼Plaintiff vs. Defense Practice” (Valparaiso University School of Law, Valparaiso IN, 1998) 
  • “Dental Malpractice: Learning the Rules of the Road” Plum Grove Dental Associates, Palatine IL, 1998) 
  • "Legal Issues of Patient Care" (Catholic Health Partners, Chicago IL, 1997)
  • "Legal Issues of Patient Care" (St. Joseph Hospital, Chicago IL, 1996) 
  • "Legal Issues for Intensive Care Nursing Practice" St. Joseph's Hospital, Chicago IL, 1995) 
  • "Documentation and Related Legal Issues for Pharmacists" (St. Joseph's Hospital, Chicago IL, 1995) 
  • "Legal Issues and Defensive Nursing Practice and Documentation" (Orientation for nursing staff, St. Joseph's Hospital, Chicago IL, 1995) 
  • "Anatomy of a Lawsuit" (Resident staff, St. Joseph's Hospital, Chicago IL, 1995) 
  • "Keys to Defensive Nursing Documentation" (Medical-Surgical nursing staff, St. Joseph's Hospital, Chicago IL, 1995) 

Representative Trial, Arbitration, and Related Experience


Cook County, August 2015. Dental malpractice case involving full mouth reconstruction with implants. Verdict in favor of Plaintiff but only awarded her dental expenses and found her 50% contributorily negligent. The total verdict was $35,436.20.

Cook County, June 2015. Dental malpractice case involving dental implants for maxillary reconstruction. Verdict for Defendant.

Cook County, February 24 – March 6, 2015. Medical malpractice case against hospital for wrongful death of patient who developed pressure ulcers and became septic. Verdict in favor of Plaintiff in the amount of $215,000.

Cook County, June 2014. Medical malpractice case against clinic for family practice physician alleged failure to diagnose ear infection resulting in hearing loss. Verdict for Defendant.

Cook County, June 2014. Medical malpractice case against clinic for family practice physician alleged failure to diagnose ear infection resulting in hearing loss. Verdict for Defendant.

Cook County, May 2013. Dental malpractice case claiming negligent tooth extraction resulting in jaw fracture and sinus perforation. The verdict was returned in favor of the Plaintiff in the amount of $95,160.75.

Cook County, Illinois, April 24 – May 9, 2012. Dental malpractice case against oral and maxillofacial surgeon for failure to diagnose tongue cancer. Alleged failure to diagnosis oral cancer. Verdict for Defendant.

Cook County, Illinois, September 21-24, 2009. Dental malpractice case involving complications from endodontic treatment. Verdict for Defendant.

Cook County, Illinois. September 19-21, 2007. Medical malpractice case involving allegations of failure to timely diagnose cauda equina syndrome. Defendant physician voluntarily dismissed from case on day three of trial (co-defendants paid 3.2 million in settlement).

Cook County, Illinois. July 12-27, 2007. Oral and maxillofacial surgery malpractice case involving complications from tooth extraction, including fracture and osteomyelitis. Verdict for Plaintiff.

Cook County, Illinois. September, 2006. Medical malpractice obstetrical case involving allegations of failure to induce delivery resulting in severe birth injury. Settlement on day four of trial.

Cook County, Illinois. August 2–11, 2004. Medical malpractice case involving allegations of failure to diagnose breast cancer. Verdict for Plaintiff.

Cook County, Illinois. September 2002. Dental malpractice case involving prosthodontic restorations. Verdict for Defendant.

McHenry County, Illinois. April 2001. Medical malpractice – general surgery case involving complications from laparoscopic cholecystectomy procedure. Verdict for Defendants.

Cook County Municipal Division. August 1997. Dental malpractice case involving implants. Verdict for Plaintiff.

Cook County, Law Division transferred to Mandatory Arbitration Division. December 1995. Dental malpractice case. Verdict for Defendant (rejected by Plaintiff). 

DuPage County, Law Division. October, 1995. Orthodontic malpractice case involving allegations of failure to diagnose and treat temporomandibular joint dysfunction. Verdict for Defendant. 

Cook County, Law Division transferred to Mandatory Arbitration Division. September, 1992. Medical malpractice case involving allegations of patient fall. Verdict for Plaintiff. 

Cook County, Law Division case transferred to Mandatory Arbitration Division. July, 1992, General liability case involving allegations of food poisoning. Verdict for the Defendant. 

Lake County, Law Division. February, 1992. Dental malpractice claim involving orthodontic treatment. Verdict for the Defendant. 

Cook County, Law Division. September, 1991. Medical malpractice case involving death of patient from infection. Verdict for Defendant. 

Representative Appeals


Appellate Court of Illinois – First District, No. 1-12-3771. Appeal of defense verdict involving allegations of oral surgeon’s failure to diagnose oral cancer.

Supreme Court of Illinois, No. 97946. Amicus Brief filed on behalf of the Illinois Association of Defense Trial Counsel.

Appellate Court of Illinois – Third District, No. 3-02-0810. Amicus Brief filed on behalf of the Illinois Association of Defense Trial Counsel.

Appellate Court of Illinois – First District, No. 1-98-0622.

Supreme Court of Illinois. Docket No. 84117 (1998). Amicus Brief filed on behalf of the Illinois Association of Defense Trial Counsel.

Supreme Court of Illinois. 167 Ill.2d 449, 657 N.E.2d 997, 212 Ill. Dec. 652 (1995). Amicus Brief filed on behalf of the Illinois Association of Defense Trial Counsel.

Appellate Court of Illinois - First District 273 Ill. App.3d 545, 653 N.E.2d 48 (1995).

Appellate Court of Illinois - First District. 258 Ill. App. 3d 567, 630 N.E. 2d 905 (1994).

Appellate Court of Illinois - Fifth District. 224 Ill. App. 3d 1083, 587 N.E. 2d 81 (1992).

United States Court of Appeals, Seventh Circuit. 921 F.2d 278 (1990).