Showing 3 posts in Medical Negligence & Healthcare Liability.

PROFESSIONAL LIABILITY CLIENT ALERT: Third-Party Litigation Financing Can Drive Up Case Settlement Value

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A recent data study by researcher, Jean Xiao, JD/Ph. D, at Vanderbilt University Law School revealed the effects of the growing Consumer Litigation Finance industry on medical negligence cases. According to the study, the direct availability of litigation funding from investors to plaintiffs resulted in higher malpractice payments and extended the amount of time it took cases to settle. More »

Illinois Supreme Court Applies Discovery Rule Extending Statute of Limitations Period in Wrongful Death and Survival Actions

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On September 22, 2016, the Illinois Supreme Court issued its opinion in Randall W. Moon v. Clarissa F. Rhode et al. (2016 IL 119572), holding that the discovery rule found in section 13-212(a) of the Code of Civil Procedure (735 ILCS 5/13-212(a)) was applicable to Wrongful Death and Survival act claims alleging medical malpractice.  Generally, statutes of limitation set deadlines for which plaintiffs must bring claims, however, in certain situations the deadline may be extended by what is referred to as the “discovery rule.”  Although the Court’s opinion was in the context of a medical malpractice case, the discovery rule that the Court held to apply in section 13-212(a) of the Code for medical malpractice claims also appears in section 13-213(d) of the Code for product liability claims.  This decision may provide support for plaintiffs and courts in Illinois to extend the application of the discovery rule to Wrongful Death and Survival act claims in product liability matters. More »

I Know Where You Were Last Summer: Using More Than Just Facebook to Investigate Pending Claims

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In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant.  In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »

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