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April 2017 Archives

One Injured In Horrific Bensenville Crash

A three-car crash on April 25, 2017, which resulted in at least one injury, occurred on northbound Route 83 at Frontage Road, just north of I-290 in Bensenville. Authorities say the crash happened around 12:30 p.m., causing all northbound lanes on Route 83 to be closed through the evening rush hour. The crash involved one passenger vehicle and two commercial trucks, causing all vehicles to sustain heavy damage.

DISCOVERY RULE PROVIDES NEW AVENUE FOR JUSTICE FOR VICTIMS IN WRONGFUL DEATH ACT AND SURVIVAL ACT CASES

The Illinois Supreme Court has now provided a new avenue for victims in wrongful death act and survival act cases: the discovery rule. Pursuant to 735 ILCS 5/13-212(a), the discovery rule establishes that, within a four-year statute of repose, any claim of malpractice against a physician or hospital must be filed within two years of the date on which the claimant knew or through the use of reasonable diligence should have known of the existence of the injury or death for which damages have been sought. In Moon v. Rhode, the Illinois Supreme Court found that it was an issue of fact in wrongful death and survival actions predicated upon medical malpractice as to when the individual knew of the injury and its negligent cause. The discovery rule can now extend the wrongful death act and survival act statute of limitations beyond the two-year anniversary of death. 

Malpractice settlement costs and apology laws

Medical malpractice suits across the country cost hospitals millions of dollars a year, and in Illinois, Crain’s Chicago Business reports that two public hospital systems alone have racked up over $160 million in settlement costs since 2012. The two Chicago hospital systems in question are University of Illinois Hospital and Health Sciences System and Cook County Health and Hospitals System, and over the past four years, each have paid out at least $80 million for medical negligence settlements.

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