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3D Printing in Healthcare

July 31, 2018
Chicago Medicine

My Doctor is Liable for How Much?

March 27, 2018
Medical Liability
Heather Gilbert, Emily Van Tyle

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the Plaintiff seeks damages under both the Medical Malpractice Act ("MMA") and the Wrongful Death Act. While not unusual, it can still be confusing to determine what damages are recoverable in such a case, particularly when the Adult Wrongful Death Statute ("AWDS") is in play, as both the MMA and AWDS contain provisions which "cap" damages. This article seeks to identify how these statutes work together, how to apply the caps, and discuss when a provider can be responsible for paying more than the MMA cap. ...

The Ride-Hailing Reality

February 21, 2018
Claims Litigation Management Alliance Magazine

Margaret Shipitalo to Speak at IICLE Insurance Workshop

January 25, 2018
Speaking Engagement

Yarbrough v. Northwestern Memorial Hospital: The Illinois Supreme Court Curtails Imposition of the Apparent Agency Doctrine on the Hospitals

January 25, 2018
Medical Liability
Victoria Shoemaker

In reversing the holding of Illinois First District Appellate Court, the Illinois Supreme Court in Yarbrough v. Northwestern Memorial Hospital, 2017 IL 121367 (Dec. 29, 2017), limited the application of the doctrine of apparent agency for the first time since Gilbert v. Sycamore Hospital. The closely divided Illinois Supreme Court held that a hospital cannot be held vicariously liable under the doctrine of apparent agency for the negligence of the employees of an unrelated, independent family practice clinic that was not party to the litigation. Id. ...

The Medical Malpractice Statute of Repose is not an "Absolute Bar" where a timely filed Complaint Preserves the Claim

January 9, 2018
Medical Liability
Lynsey Stewart

On November 30, 2017, the Illinois Supreme Court evaluated the interplay of the Wrongful Death Act, the medical malpractice statute of repose, and the relation back statute in a matter of "first impression" in the State of Illinois. See Lawler v. Univ. of Chi. Med. Ctr., 2017 IL 120745, appealed from Lawler v. Univ. of Chi Med. Ctr., 2016 IL App (1st) 143189. At issue was whether a pending medical malpractice complaint can be amended to include a Wrongful Death claim that accrued after the statute of repose expired. Relying on the relation back statute, the Illinois Supreme Court held that it can. ...

Legal Implications Associated With The Increased Use of Physician Assistants to Provide Health Care

November 14, 2017
Medical Liability
Philip Mica

Physician assistants were introduced in 1965 at Duke University as a strategy to help over-extended physicians provide more services. By 1974, 37 states had passed legislation authorizing practice by these new practitioners, and today, physician assistants are licensed in all 50 states. Physician assistants typically graduate from a two-year program with a master's degree, and then take a national exam to become licensed or ‘certified' physician assistants. In 2011, approximately 6,500 physician assistants graduated and entered the medical work force. By contrast, in 2016 approximately 19,000 students graduated from medical schools in the United States. In 2014, there were 190 accredited PA programs in the United States, and an additional 75 had applied for accreditation. ...

Seventh Circuit Removes Qualified Immunity Affirmative Defense for Private Medical Providers in Civil Rights Actions

September 19, 2017
Civil Rights & Correctional Healthcare, Medical Liability
Ron Neroda

Recently, the Seventh Circuit Court of Appeals affirmed a district court's ruling that private medical staff employed to work in a county jail facility were not entitled to invoke the affirmative defense of qualified immunity in response to a Section 1983 civil rights deliberate indifference claim arising from medical services provided to an inmate. ...

Third-Party Tortfeasor or Patient Insurance: Recovery Options for Healthcare Providers in Illinois and How their Participating Provider Agreements Affect the Analysis

August 9, 2017
Insurance Coverage
Ryan Armour

There is a precarious balancing act between healthcare providers, insurance companies, legislative bodies, and the Court system ...

Tim Dugan Defends a Ameloblastoma Case and Receives a Not Guilty Verdict.

July 28, 2017
Media Mention, News, Press Release

The First District's Roadmap to the Ever-Expanding Relation Back Doctrine

July 18, 2017
Myriah Conaughty

Earlier this year, the First District Appellate Court provided a detailed analysis regarding the application of the relation back doctrine, which continues to expand its reaches and erode the statutory walls that have historically protected the rights of defendants. As with prior... ...

Transportation Professionals Sound Off on Mediation Strategies

July 17, 2017
Claims Litigation Management Alliance Magazine

Hospital Agency Issues In New Locum Tenens Settings

May 3, 2017
Jacquelyn Hill

A steadily increasing number of physicians practice medicine on a locum tenens basis. This Latin phrase, which means "holding a place," applies to situations where a physician provides medical services at a facility temporarily to fill the facility's staffing... ...

Long Term Care Litigation: Preserving Privilege Over Investigation Reports

April 4, 2017
Victoria Shoemaker

Long-term care litigation is a rapidly growing area of healthcare litigation. To avoid pitfalls during litigation discovery, a proactive strategy of defense for long-term care facilities is necessary. This strategy should include pre-suit safeguarding of privilege... ...

The Collateral Source Rule and Section 2-1205

March 14, 2017
Brendan Youngblood

The Collateral Source Rule and Section 2-1205: A Look At Their Entangled Histories And How They Affect Damages In Illinois  In 2008, the Illinois Supreme Court defined the... ...

Cassiday Schade Elects Five New Partners

March 1, 2017
Media Mention, News, Press Release

Tom Boylan Named as BTI Client Service All-Star for 2017

February 7, 2017
News, Press Release

First District Appellate Court Carves Out Narrow Exception to Petrillo Doctrine

October 20, 2016
Stephen Gorski

In McChristian v. Brink, 2016 IL App (1st) 152674, the Illinois Appellate Court for the First District carved out a narrow exception to the Petrillo doctrine, which traditionally prohibits defense counsel from having ex parte communications with a plaintiff's treating... ...

Seventh Circuit Overrules Use of "Direct" and "Indirect" Tests for Analyzing Employment Discrimination Claims

September 1, 2016
Scott Brown

The U.S. Court of Appeals for the Seventh Circuit has overruled circuit precedent requiring employees to prove bias cases through either a "direct" or an "indirect" method to establish a "convincing mosaic" of discrimination. Ortiz v. Werner... ...

Christopher Daddino Speaks at Advocate Lutheran General Hospital

May 16, 2015
Speaking Engagement
Advocate Lutheran General Hospital - 23rd Annual Educational Event for Surgical Services

The Reptile Lays New Eggs

April 20, 2015
Richard Barrett, Jr., Jacquelyn Hill

A recent flurry of amended complaints in medical malpractice cases suggests that the plaintiffs' bar seeks to extend the reptile strategy¹ to hospitals and private practice groups of physicians. These pleadings attempt to impose a duty upon hospitals and practices to promulgate by-laws, rules... ...

The Illinois Legislature Reduces the Number of Jurors From 12 to 6 In All Civil Cases Effective June 1, 2015

April 8, 2015
Julie Teuscher

A recent revision to the Jury Demand statute, Section 2-1105, was rushed through the Illinois legislature in November of 2014 and reduces the number of jurors from 12 to 6 in all civil cases. The revised statute becomes effective on June 1, 2015. A defendant in any case filed before June 1, 2015... ...

Challenge to Wisconsin's Cap on Noneconomic Damages in Medical Negligence Cases

February 25, 2015
John Reid

On October 3, 2014, Milwaukee County Circuit Court Judge Jeffrey Conen held the $750,000 statutory cap on noneconomic damages for medical malpractice claims was unconstitutional as applied to Ascaris and Antonio Mayo in Mayo v. Wisconsin Injured Patients and Families Compensation Fund (2012 CV... ...

Employer's Delay Defeats Summary Judgment

February 16, 2015
Tami Reding-Brubaker

Generally, employers are best protected from lawsuits for terminating an employee if they document the employee's file with reasons for the termination before acting on it. However, in Ledbetter v. Good Samaritan Ministries, 2015 U.S. App. LEXIS 1943 (7th Cir. Ill. Feb 6, 2015), the... ...

Statutory Formula To Be Applied In Maintenance Cases

November 19. 2014
Brook Carey

Commencing January 1, 2015, a significant revision will take effect to the Illinois Marriage and Dissolution of Marriage Act, for cases in which the parties' combined gross incomes are less than $250,000.00, such that judges will no longer have the discretion to determine if a maintenance award... ...

Recent ABA Ethics Opinion Gives Illinois Trial Lawyers Pause when Researching Prospective Jurors Online

July 21, 2014
Ronald Neroda

Introduction In the 2003 film, Runaway Jury, Gene Hackman plays Rankin Fitch, a jury consultant for gun manufacturer sued by the widow of an office shooting victim. The manufacturer hired Finch to investigate jurors' backgrounds, ultimately through both legitimate and... ...

Settling Wrongful Death Actions: The Illinois Supreme Court Expands the Rights of Intended Beneficiaries

June 30, 2014
Victoria Shoemaker

In re Powell v. Wunsch, the Illinois Supreme Court held that an attorney who brings a wrongful death action owes a legal duty to the decedent's beneficiaries at the distribution of funds phase of that action. Nos. 115997, 116009, 2014 IL 115997, at *¶20 (Ill. Sup. Ct. June 19, 2014). A... ...

Appellate Court Clarifies Deadline to Respond to Requests to Admit, Bases for Discovery Extensions

March 31, 2014
Stephen Gorski

In Armagan v. Pesha, 2014 IL App (1st) 121840, the Illinois Appellate Court for the First District clarified the rules of service for responding to requests to admit. In Armagan, the plaintiff filed suit alleging that the defendants, who held an interest in a coin shop, converted... ...

Illinois Appellate Court, Fourth District Finds Coverage For Telephone Consumer Protection Act Class Action

March 4, 2014
William Schramm

In Standard Mut. Ins. Co. v. Lay, 2014 Il App (4th) 110527-B, the Fourth District found that three policies issued by Standard Mutual Insurance Company ("Standard") provided coverage for a class action lawsuit stemming from a violation of the Telephone Consumer Protection Act of 1991.... ...

Framing a Defense from Moorman's Progeny

December 2013
IDC Quarterly

Navigating the Spoliation of Evidence

November 30, 2013
Illinois Defense Counsel Quarterly Monograph

Cassiday Schade Obtains Substantial Post-Trial Reduction of Damages for Medical Expenses

November 18, 2013
Tami Reding-Brubaker

Cassiday Schade LLP is one of the first defense firms to have an appellate decision reducing a medical malpractice verdict by nearly 33%, pursuant to 735 ILCS 5/2-1205. This is an important ruling for medical malpractice defendants with respect to a statute that is rarely used. The decision in... ...

Illinois Supreme Court Clarifies Proper Method for Naming an Estate as a Defendant in Cases of Unknown Death of Party Under 735 ILCS 5/13-209(C)

November 13, 2013
Ryan Armour, Stephen Gorski

In Relf v. Shatayeva, 2013 IL 114925, the Illinois Supreme Court refined its analysis of the Illinois Code of Civil Procedure when a plaintiff mistakenly sues a decedent, and offered insight into how it interprets the Illinois Compiled Statutes by analyzing indirectly related statutory... ...

The Illinois Appellate Court's Decision Curtails the Ability of Defendants to Invoke the Forum Non Conveniens Doctrine in Product Liability Cases

October 21, 2013
Victoria Shoemaker

In legal theory, the doctrine of forum non conveniens refers to the discretionary power of the court to dismiss or transfer a case even though jurisdiction and venue are proper when it would serve the convenience of the parties and the ends of justice. First Nat. Bank v. Guerine,... ...

John Hackett, Jim Foster and Henry Ortiz Present Mock Trial at REBEX

October 15, 2013
Speaking Engagement
REBEX 2013 - Wheeling, IL

Illinois Appellate Court Broadens Protection of Hospital Liens to Allow Recovery Against Damage Awards Traditionally Deemed Off-Limits

September 23, 2013
Ryan Armour, Stephen Gorski

Lien protection and preservation has been at the forefront of the ongoing evolution of personal injury law in Illinois for the last decade.  The recent First District Appellate Court decision in Manago v. The County of Cook, 2013 IL App. (1st) 121365, offers insight into the application of the... ...

The Amendment to the Illinois Health Care Services Lien Act: To Lien or Not to Lien

September 20, 2013
Victoria Shoemaker

House Bill 5823 ("HB5823") became law on January 1, 2013. This amendment to the Illinois Health Care Services Lien Act ("Act"), 770 ILCS 23/1 et seq., made significant changes to the Act. It established a new process for medical providers who are lien holders on personal injury judgments.... ...

Illinois Appellate Court Broadens Scope Of Anti-Indemnity Act To Protect Illinois Contractors

September 19, 2013
Thomas Boylan

In a decision that benefits construction companies doing business in Illinois, the Illinois Appellate Court recently published a decision broadening the scope of the Illinois Construction Contract for Negligence Act, more commonly known as the Illinois Anti-Indemnity Act. The decision is also a... ...

New Time Limits and Other Obligations in Civil Settlements

September 16, 2013
Jamie Hull

On August 26, 2013, Illinois Governor Patrick Quinn signed into law Illinois Senate Bill 1912 (Public Act 098-0548), which will place time limitations on "settling defendants" to tender draft releases and settlement payments with resultant penalties for the failure to do so. The law, which... ...

Illinois Appellate Court, First District Finds Coverage For Additional Insured Under Blanket Additional Insured Endorsement

August 12, 2013
Margaret Shipitalo

Illinois Appellate Court, First District Finds Coverage For Additional Insured Under Blanket Additional Insured Endorsement The Illinois Appellate Court, First District recently issued a decision construing the written contract requirement of a blanket additional insured endorsement in a... ...

FMLA Protections Expanded for Military Families

July 29. 2013
Scott Brown

The U.S. Department of Labor recently celebrated the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing important expansions of FMLA protections. One expansion provides families of eligible veterans with the same job-protected FMLA leave... ...

Extending the Conditional Privilege of Corporate Officers to an LLC

January 3, 2012
Illinois Defense Counsel Commercial Law Newsletter

Jurisdiction of the Subject Matter

January 1, 2012
IlCLE

Judicial Estoppel: A Lethal Defense

July 28, 2011
Bob Summers

A good defense lawyer is always on the look out for an extra tool to place in his or her tool kit for getting a case dismissed with prejudice in a straightforward fashion with little expense to the client. The problem is that most defense lawyers are so entrenched in the merits of the case that... ...

That's Not How We Designed It!

June 2, 2011
Ehren Bilshausen

The Student Loan Bubble and the Race to Princeton Law School

January 28, 2011
George Mason Journal of Law, Economics and Policy

The Commercial Loss Doctrine: Recent Trends

January 25, 2011
Defense Research Institute

The Contract Specifications Defense

January 24, 2011
Defense Research Institute, the Whisper

Issues in Construction and Technology

January 23, 2011
Thomson Reuters West

International Manufactures Beware

November 30, 2010
Defense Research Institute, Think Globally

The Commercial Loss Doctrine: Ladies and Gentlemen of the Jury...Look at This Tangle of Thorns

November 29, 2010
DePaul Business and Commercial Law Journal

Brook M. Carey Quoted in InsideCounsel

November 1, 2008
Media Mention

Statistically Speaking: Databasing Juvenile DNA

August 2007
Children's Legal Rights Journal

Rudy Schade Discusses Apparent Agency Issues in Illinois

April 19, 2007
Seminar
Cassiday Schade LLP

Richard Barrett Discusses Medical Records in Illinois

April 4, 2006
Speaking Engagement
Lorman Educational Services, Chicago, IL

About Us

Cassiday Schade is a litigation law firm headquartered in Chicago, with a presence throughout the Midwest. We focus on providing our clients with expert, efficient representation and act as national or regional counsel for clients facing nationwide exposures.

With experience in virtually all areas of civil litigation, we have a diverse client base and our attorneys provide companies of various sizes with extensive trial experience and case preparation acumen. Throughout our history, we have represented individuals and companies in a variety of industries, including long-term care, insurance, financial services, manufacturing, construction, professional services and transportation. In addition to trial and appellate work, we provide both organizations and individuals with the tools to analyze and prevent risk before litigation arises.

We take pride in working with our clients and not just for them. Every case is different, and determining the best possible outcome is what our attorneys deliver. Sometimes this means aggressive preparation for trial, other times it may involve seeking an early resolution through alternative means, such as mediation or arbitration. Ultimately, our clients receive the benefit of having their matters handled with maximum efficiency and expertise.

Attorneys

Practices

At Cassiday Schade, we recognize the important distinction between trial and appellate work and the need for appellate specialists. Our attorneys have outstanding research, writing and oral advocacy skills and bring an original perspective and tailored strategy to each appeal. A significant portion of our strategy includes analyzing whether or not an appeal is the best course of action for our clients. Our practice group provides an appellate perspective when issues arise at trial, including the introduction of prejudicial evidence by an opponent, an opponent's efforts to limit the introduction of evidence favorable to the defense and jury instructions. We also become involved after litigation concludes, and offer guidance on post-trial motions and responses.

Cassiday Schade’s Civil Rights & Correctional Healthcare practice is dedicated to providing expert, cost-effective legal defense to correctional healthcare employers, as well as the doctors, nurses and other healthcare providers they employ. Our attorneys aren’t just excellent litigators, we are also industry experts and are intimately acquainted with trends, changes and legal developments that may impact our clients.

Cassiday Schade’s Commercial attorneys serve as advocates and business advisors to clients from a wide range of industries including banking, real estate financing and investment, health care, automobile sales and finance, financial services, insurance, manufacturing, and construction.

The representation of contractors, developers and design professionals has been a focus of Cassiday Schade since the inception of the firm. The depth of our experience covers the broad spectrum of all points where construction and the law intersect. Our list of clients includes the largest general contractors in Illinois as well as owners, architects, engineers and specialty subcontractors. We routinely represent these companies in their biggest and most problematic cases. While we have the ability to staff large accounts, we keep our client teams small so that our attorneys remain familiar with the client’s background and needs. This ensures efficiency and consistency in our representation of our clients.

Cassiday Schade’s Employment practice group represents organizations in a wide range of employment related disputes. As part of our litigation strategy, our attorneys provide an early assessment of each case to determine the best avenue toward resolution, considering both the nature and potential exposure of the claim and the needs of the client.

Cassiday Schade’s Environmental and Toxic Injury practice group serves clients who are, or may be, exposed to claims arising from the manufacture, sale or use of potentially toxic and hazardous substances, and to the threat of litigation arising from environmental claims attendant to land, air and water pollution. Our firm is often retained to handle not only the litigation of active lawsuits, but to monitor litigation for nationwide corporations, advise corporations on risk reduction and coordinate the nationwide defense strategy for corporations facing toxic tort, product liability and other commercial issues. Our success is determined by a skilled team of attorneys with industry acumen and access to a large network of experts and consultants. No matter the issue, our overarching goal is the same: to bring our clients the best possible result through proactive and individualized service.

The family law practice at Cassiday Schade covers a broad spectrum of work, from simple separation agreements to the most intricate and delicate situations. Our success stems from the precision, persistence and care to which we apply ourselves with respect to the law, as well as the ability to communicate thoroughly and compassionately with our clients, from the initial consultation to the final agreement or judicial ruling.

Cassiday Schade’s Hospitality and Retail practice represents a wide-range of clients in complex litigation matters, including hotels and hotel chains, hotel management companies, hotel property owners, franchisees, restaurants, bars, shopping malls, and event production companies. In addition, our skilled team of attorneys is committed to providing our clients with guidance and risk-management strategies to avoid future litigation. This includes but is not limited to, legal counseling, alternative dispute resolution and pre suit negotiations.

Cassiday Schade’s Insurance practice group provides full-service litigation, transactional and alternative dispute resolution capabilities to insurance carriers and other commercial entities. Our expert team of attorneys is focused on providing clients with prompt, direct advice regarding the risks presented in any given situation, both preventively and when litigation arises. Our team also frequently utilizes litigation alternatives such as contractual resolutions, standstill agreements and mediation, all of which can be of great assistance in complex insurance matters.

We represent some of the nation’s top hospitals and other healthcare providers in the successful defense of malpractice litigation. The actions we defend are approached with the highest level of professional consideration and we have tried hundreds of cases to verdict in over 50 counties nationally. Our industry expertise and innovative use of technology to create demonstrative evidence during trial provides clients with the most successful defense possible. We also have access to a network of the most qualified consultants and experts who provide guidance and work closely with our team of attorneys on these lawsuits.

Cassiday Schade’s Nursing Home & Long-Term Care practice group represents nursing homes, assisted living facilities, hospices, home health care agencies and rehabilitation centers. At the core of our practice is an understanding of the difficulty inherent in effectively addressing the quality of care provided to individuals whose health is compromised. Our attorneys are a dedicated group of litigators with extensive industry knowledge, including of OBRA Regulations and the Nursing Home Care Act. We are committed to partnering with our clients in the investigation, planning and direction of a case to determine the most efficient and practical resolution.

Cassiday Schade’s Products Liability practice group has extensive knowledge of state and federal product liability laws and the applicable standards governing the design, manufacture and distribution of products. Our attorneys’ first step is product identification, specifically to examine our clients’ involvement in the design, manufacture, and/or distribution. This includes following paper trails and pursuing investigation to locate and preserve evidence. We also immediately analyze whether any legal defenses, such as statutes of limitations or repose, can be asserted. Our experience in the industry provides us with access to the most sophisticated experts. We act quickly to retain the best consultants, provide them with all applicable materials and obtain their input in order to present the best legal and technical defense.

Professional liability cases are often complex, both factually and procedurally. Cassiday Schade’s Professional Liability practice group services a wide range of clients including accountants, architects and engineers, attorneys, nursing homes, officers and directors, paramedics and psychologists. Our attorneys realize the importance of understanding burdens of proof, standards of care and the need to promptly identify the right consultants and experts. We stay abreast of case law and developments in the profession so that we can bring the highest level of knowledge and understanding to a given case. Our practice team involves our clients in all aspects of litigation, keeping them informed and seeking their input.

Cassiday Schade’s Transportation practice group represents motor carriers, owners, operators, trucking companies and insurance carriers in what are often catastrophic accidents involving trucks, trains, buses, vans, automobiles and other modes of transportation. Our rapid response team of attorneys, accident reconstructionists and transportation investigators is on-call 24 hours a day and can be immediately dispatched to preserve and document physical evidence, inspect vehicles and perform a download of the electronic control module. We also frequently defend cases where the first notice is the lawsuit. Our attorneys perform early assessments of both the liability and damage aspects of each case. This analysis often leads to an early resolution by way of alternative dispute methods including mediation.

Headlines

Blog

My Doctor is Liable for How Much?

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the Plaintiff seeks damages under both the Medical Malpractice Act ("MMA") and the Wrongful Death Act. While not unusual, it can still be confusing to determine what damages are recoverable in such a case, particularly when the Adult Wrongful Death Statute ("AWDS") is in play, as both the MMA and AWDS contain provisions which "cap" damages. This article seeks to identify how these statutes work together, how to apply the caps, and discuss when a provider can be responsible for paying more than the MMA cap. ... [ read more ]

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