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On November 14, Benjamin Beringer and Aimee Lipkis presented on the topic of medical malpractice litigation to third-year podiatry students attending the Dr. William M. Scholl College of Podiatric Medicine at Rosalind Franklin University of Medicine and Science.

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On October 27, Mike Huber participated as a speaker at the Rush University Medical Center Anesthesia Department CME Seminar on Risk Management in Chicago.

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Illinois Supreme Court applies Discovery Rule to Medical Malpractice Wrongful Death Actions

The Illinois Supreme Court in RANDALL W. MOON, v. CLARISSA F. RHODE recently ruled that the discovery rule contained in Section 13-212(a) of the Illinois Combined Statutes applies to medical malpractice cases based on the Wrongful Death Act and the Illinois Survival Act.  Previously, while there was arguably a dispute among appellate courts on this question, a number of courts had ruled that the occurrence of a patient’s death placed the estate on notice that malpractice may have occurred and the statute of limitations for filing a medical malpractice action began to run upon the death.  That is no longer the law.  While the court did not rule in Moon as to whether the facts of that case would have reasonably placed the attorney claimant on notice of potential malpractice, it held that that discovery rule would apply to toll the statute of limitations.  Click here to read the opinion.

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Stephen W. Heil and Zachary G. Shook successfully defended a physical therapist and a physical therapy clinic sued for malpractice in allegedly causing burns to a patient’s back from hot pack treatment.  The Cook County, Illinois jury returned a verdict for the defendants and specifically found that the burns to the plaintiff’s back were not caused by the professional negligence of the defendants.  Perez v. Athletico of Oak Park LLC, et al., September 27, 2016.

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On September 19, Jeanne Zeiger and the Cray Huber coverage team obtained summary judgment in a $3 million rescission case for Minnesota Lawyers Mutual in federal court.  The case involved a solo patent practitioner who mishandled dozens of patent applications.  Judge St. Eve found in MLM’s favor and rescinded three years of professional liability coverage.  Click here to read the Opinion.

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On September 15, members of Cray Huber participated in the Race Judicata 5K run/walk presented by Chicago Volunteer Legal Services.  Race Judicata is the only running event geared towards Chicago’s legal community with proceeds benefiting CVLS, which provides free legal services to Chicago’s poor and working poor families.