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Archives: July, 2010

Medical Records Service May Charge Full Statutory Amount for Copies Even Where Lesser Charge is Reasonable

In a recent case, the Illinois Supreme Court addressed the question of whether it is reasonable for a provider of medical record copies to charge the full fee allowed under statute for processing requests for copies, or if the provider is limited to a lesser charge if the evidence shows that a lesser charge is all that is reasonable.

 

Legal Challenges to Healthcare Reform

President Obama signed the Patient Protection and Affordable Care Act (“PPACA”) into law on March 23, 2010. The enactment of healthcare reform has not quelled public debate. Less than an hour after the bill was signed into law, the first lawsuit opposing the legislation was filed. Legal scholars anticipate the litigation and legislation challenging the PPACA will fail.

 

Fact Investigation Issues Checklist for Premises Liability Claims

Quinn Johnston attorneys have recently obtained summary judgments in a number of cases involving premises liability. Jon Stump provides a listing of several defenses that have been successfully argued by our attorneys in obtaining summary judgement for their clients. He hopes to assist you in the fact investigation stage of premises liability claims to maximize the liability defenses available to your insureds.

 

Illinois Appellate Court Issues Two Opinions Concerning Nursing Homes

The Appellate Court in Vincent v. Alden-Park Strathmoor held that an aggrieved nursing home resident may not seek punitive damages from the nursing home. In Childs v. Pinnacle Health Care, the Court outlined the potential for professional liability which employees of nursing homes face. Both cases are discussed.

 

Intentional Violation of Employer Rules or Policies Precludes Recovery … Except When It Doesn’t

Cases involving improper conduct by an employee in violation of company policy or rules are not susceptible to blanket statements, but rather turn on the individual facts in each case. If the employee was performing his normal job duties and was attempting to further the business of the employer, the case is much more likely to be deemed compensable than if the employee is acting for personal motivation or gain.

 

Workers’ Compensation Case Update – Summer 2010

In one case, the Commission affirmed the Arbitrator’s decision to award benefits to a petitioner claiming severe injuries because Petitioner suffered a severe impact, but severe injuries were not supported by medical documentation. In another matter, the Commission found a temporal connection between a petitioner’s long history as a machine operator and the development of her carpal tunnel syndrome.