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August 2017 Newsletter
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 Illinois Healthcare Law
 IAHA Monthly Newsletter

 August 2017
Editor:
Sam Siegfried
 
 
The September 21 Quarterly Lecture was inadvertently scheduled on Rosh Hashanah.
The lecture has been rescheduled to Wednesday, October 18th.

 

With the excitement playing out on Capitol Hill, the Quarterly Lecture delves into what is new in Illinois. While everyone has been focused on the drama in Washington, the Illinois legislature and administration have been busy enacting legislation and adopting regulations impacting health care professionals, providers, pharma, life science companies and others involved in health care. As of August 22, Governor Bruce Rauner has taken action on over 240 bills from the spring legislative session - and many more await action by the Governor. So far, there are 10 vetoes or amendatory vetoes. Find out what's new and how it may affect your clients.


Speakers:

Robert John KaneAssistant Vice President and Legal Counsel, Illinois State Medical Society and ISMIE Mutual Insurance Company
Mark Deaton, Senior Vice President and General Counsel, Illinois Health and Hospital Association

In Person Location:
Katten Muchin Rosenman LLP
525 W. Monroe Street
Chicago, Illinois 60661 

 

 



IAHA Career Skills Event 

What To Do Before, During and After a Networking Event


Where: Baxter Chicago, 200 W. Madison, Suite 710, Chicago, Illinois

When: Tuesday, September 26th from 5:30 - 7:30pm

Agenda:
5:30 - Check-in
6:00-6:30 - Presentation on networking success strategies
7:45-7:15-  Networking activity


The event is open to any IAHA member, but the practical content is geared towards
law students and more junior attorneys.
If you have any questions, please contact IAHA at 630-433-4516.


 



The IAHA Annual Health Law Symposium is the premier health law program in Illinois, offering a full day of hot topics and nationally recognized speakers.
 
Join us for the IAHA Annual Health Law Symposium
at the Union League Club of Chicago


 
The symposium includes four (4) plenary sessions and eight (8) concurrent sessions and
four (4) lightning round sessions.
 In addition, attendees may earn up to a total of 7.50 credit hours
including 2 hours of professional responsibility credit (applied for).

  At $250 it's the best educational value of the year!
 
If you have any questions about the meeting,
please contact IAHA at 630-433-4516.

 

 

 



IAHA is seeking sponsors for the 35th Annual Health Law Symposium.  
The sponsorship fee is $750 and includes:

  • Sponsor’s name listed in the online monthly issue of our newsletter
  • Sponsor’s name will be included on the Symposium event web page
  • Sponsor name will appear in the Symposium brochure
  • Sponsor name will be displayed on signage at the Symposium
  • If the commitment form and payment are received by Monday, May 1, Sponsor’s logo and a URL link to Sponsor’s website (landing page of their choice) will be included in the newsletter and on the IAHA website.

Your support is greatly appreciated!

Click Here to become a Sponsor. 

 
Thanks to those sponsors who have already committed to sponsoring the 2017 Symposium!

Special Thanks to the 2017 Symposium Sponsors! 

 

 

 

 

 

   

 

 

   

 


   

 
   


 
   

   

 

 
     

 

 


The Second Annual Telehealth Law Forum invites those new to and those already working in telehealth to attend the second program of the Multi-Disciplinary Telehealth Bootcamp Series. 

September 12, 2017
Offered by Broadband Illinois - Partnership for a Connected Illinois
 
The Telehealth Law Forum Series will:
  • Engage medical professionals in discussions of the most effective and legally sound approaches to advancing telehealth
  • Provide an opportunity for telehealth stakeholders to engage with other like-minded organizations
  • Educate telehealth stakeholders on opportunities for collaboration to advance telehealth
For information and registration - Click HERE


By: Sam Siegfried,
Rush University Medical Center
 
On August 4, 2017, the First District Illinois Appellate Court affirmed a lower court's dismissal of an action by a patient alleging medical negligence, common law fraud, and breach of fiduciary duty against a medical expert retained by defense counsel in an underlying medical malpractice litigation. Sandler v. Sweet, 2017 IL App (1st) 163313.
 
In 2009, the plaintiff filed a lawsuit against Advocate Good Samaritan Hospital seeking damages for a brain injury he allegedly sustained after attempting suicide while receiving inpatient psychiatric treatment. During that litigation, Advocate retained the defendant, a board certified clinical psychologist and neuropsychologist as an expert. The defendant evaluated plaintiff in 2012 to determine the nature and extent of the plaintiff's brain injury. The defendant issued a written report and found that the plaintiff did not suffer a brain injury as a result of his suicide attempt. In 2014, the defendant prepared a supplemental report based on a review of additional records but did not change his opinion from the original report.
 
In 2016, The plaintiff filed a lawsuit against the defendant and his employers, North Shore Medical Group and North Shore Health System. The plaintiff sought recovery under theories of (1) medical negligence, (2) common law fraud, and (3) breach of fiduciary duty, all of which are based solely on defendant's original and supplemental reports. Specifically, the plaintiff alleged that the defendant's failure to diagnose his brain injury caused him harm because he failed to seek treatment and rehabilitation. The defendant moved to dismiss. The court granted the motion to dismiss, finding that no physician-patient relationship existed between them, and thus the defendant owed no duty of care to the plaintiff. The plaintiff appealed, arguing that the lower court erred by dismissing all three counts and that it abused its discretion when it denied him leave to amend his complaint.
 
Addressing the plaintiff's first point, the court explained that Illinois case law does not recognize a physician-patient relationship when the plaintiff is not the patient of the practitioner. Here, the plaintiff did not seek out the defendant for care and was not involved in the plaintiff's treatment. Instead, the defendant was retained as an expert witness by the Advocate, the defendant in the underlying suit. Accordingly, the court held that no physician-patient relationship, and thus no duty of care, existed between the parties.
 
The plaintiff's second point on appeal was that the circuit court erred in dismissing his breach of fiduciary duty claim. The court again disagreed, reasoning that both the medical negligence claim and the breach of fiduciary duty claim revolved around the same facts and holding that the fiduciary duty claim was duplicative of the medical negligence claim and properly dismissed.
 
Turning to the plaintiff's third point on appeal, the court held that the defendant, as a participant in a judicial proceeding, enjoyed an absolute privilege from the common law fraud claim as a witness in a judicial proceeding because the privilege extends not only to testimony in court, but also to communications that occur in connection with the preparation of such testimony.
 
Finally, the court held that the lower court did not abuse its discretion in denying the plaintiff's motion to file a second amended complaint because the plaintiff's proposed amendments would not cure the defects in his pleadings. 

 


 

 
The 2017 Nominating Committee would welcome your suggestions for individuals to serve on the Illinois Association of Healthcare Attorneys 2018 Board of Directors

(must be signed in as a member)

 

 

General Counsel - Saint Anthony Hospital, Chicago, IL -  Click here to learn more and apply.


             
Illinois Register

 
The links to each Illinois Register go to the cover page.
It is not possible to link to individual pages within the Register. Use the search function
 within the PDF to search for the Register page that you wish to review.

 


JULY 28, 2017

PROPOSED REGULATIONS
PUBLIC HEALTH, DEPARTMENT OF

Hospital Licensing Requirements
77 Ill. Adm. Code 250............................................................................................................10257

Sexual Assault Survivors Emergency Treatment Code
77 Ill. Adm. Code 545............................................................................................................10292

 

AUGUST 4, 2017

ADOPTED REGULATIONS

HUMAN SERVICES, DEPARTMENT OF
Aid to the Aged, Blind or Disabled
89 Ill. Adm. Code 113............................................................................................................10331

AUGUST 11, 2017 -- NONE


AUGUST 18, 2017

PROPOSED REGULATIONS

ADOPTED REGULATIONS

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF
Pharmacy Practice Act
68 Ill. Adm. Code 1330.........................................................................................................10643

OFFICE OF THE ATTORNEY GENERAL
Hospital Financial Assistance under the Fair Patient Billing Act
77 Ill. Adm. Code 4500........................................................................................................10653

PUBLIC HEALTH, DEPARTMENT OF AIDS
Drug Assistance Program
77 Ill. Adm. Code 692..........................................................................................................10657

AUGUST 25, 2017

ADOPTED REGULATIONS

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF
Medical Payment
89 Ill. Adm. Code 140.........................................................................................................10950

 


 

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