Medical Malpractice Case Update – Fall 2009
Midwest Trust Services, Inc. v. Catholic Health Partners Services emphasizes the need to have proper records storage and retention so as to avoid the potential for a spoliation of evidence claim. In Spaetzel v. Dillon, the First District considered what amount of information must be provided in a medical malpractice defendant’s Rule 213 disclosures in regard to an expert’s proposed testimony.
The Future for Mediation
Mediation as a means of resolving litigated disputes has gained traction since the turn of this century. Quinn Johnston has made mediation a part of its practice since the process first presented in central Illinois in the mid 1980s. Greg Cerulo, a trained and active mediator, discusses mediation’s future.
Preservation of Evidence
As the case law develops, it has become apparent that although the general rule is there is no duty to preserve evidence, specific conduct may create a duty. This analysis applies regardless of whether you are dealing with a specific product or the condition of a premises.