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Health Care Litigation
At SmithAmundsen, we provide individual attention tailored to the business, emotional, and personal needs of our clients. We not only defend our clients’ interests in health-related claims, we also counsel our clients on matters that go beyond professional liability claims, which confront all U.S. businesses in the health care field. Our group is composed of seasoned counselors, litigators, trial lawyers, alternative dispute resolution professionals, registered nurses, JD-RNs, and others with clinical experience. Two of our attorneys hold masters degrees in health law. Our attorneys exceed the expectations of our clients.
There are many firms in Chicago with experienced trial lawyers, litigators, and advisors, but few firms view their success as symbiotic with the success of their clients. SmithAmundsen is one such firm. In addition to litigation, our attorneys counsel health care providers on non-litigation matters such as:
JCAHO, Medicare, and Medicaid regulations and compliance
Patient privacy and confidentiality under HIPAA and other federal and state laws
Credentialing and privilege issues
Illinois Mental Health Code issues
Coverage opinions and litigation
Department of Professional Regulation representation
Labor, employment, and employee benefits
Medical staff relations
Contract review/drafting between health care providers and institutions and managed care organizations
Medical ethics and legal liability issues including end of life issues, fertility, medical research, clinical trials, and IRB
Health care financing
Recent presentations and publications include:
Presenters, "Health Care Reform: What It Means for Employers," Lorman Education Services Seminar, Naperville, IL, July 9, 2010.
Health Care Alert, "
Recent Ruling by the Illinois Supreme Court Authorizing Arbitration Clauses in Resident Contracts
," May 6, 2010.
Presenter, "Medicare: New Mandatory Reporting Requirements and Implications for Settlement of Third Party Claims," SmithAmundsen Continuing Legal Education Seminar, February 15, 2010 and February 23, 2010.
Health Care Alert,
Medical Malpractice Caps Ruled Unconstitutional by Illinois Supreme Court
, February 4, 2010.
Contributor, "
Protecting the Workplace
,"
Human Resource Executive Online
, November 5, 2009.
Illinois Supreme Court Rules Jurors' Personal Experience, Not Expert Testimony, Sufficient to Make Decision
, SmithAmundsen Health Care Alert - November 3, 2009.
Drug Manufacturer’s Claim of False Advertising by Competitor is “Unripe” for Decision
, SmithAmundsen Health Care Alert -
November 3, 2009.
Panelist and Presenter,
CHRMS Annual Law Day Seminar
, October 9, 2009.
Co-authors, "
Informed Consent: A Guide to Understanding a Patient's Right to Self Decision
," SmithAmundsen Health Care Handbook, October 2009.
Author,
Swine Flue in the Workplace
,
The Catalyst
, Volume 1 Issue 2, October 2009.
Moderator and Panelist, "
Pandemic Health Issues that Affect Business
," Greater Aurora Chamber of Commerce panel discussion, October 6, 2009.
Presenter, “
A Litigation Perspective on How Illinois has Responded and Ruled on New Requirements and Trends Associated with PhRMA and AdvaMed Codes
,” Association Young Lawyers Section Health and Hospital Committee, Chicago, IL, April 28, 2009 and A
nnual Joint Convention of the Illinois Psychiatry Society and the Wisconsin Psychiatry Society,
Lake Geneva, IL, October 2009.
Presenter, "
Swine Flu: Is Your Business Ready?
" Illinois Chamber of Commerce webinar, September 24, 2009.
Health Care Alert,
Preventing and Managing Swine Flu In The Workplace
, September 8, 2009.
SmithAmundsen Appellate Attorneys Win Malpractice Appeal
, SmithAmundsen Health Care Alert - August 4, 2009.
Court Clarifies that Indemnity Remains Available to Hospitals in Cases Alleging Both Direct and Vicarious Liability
, SmithAmundsen Health Care Alert - August 4, 2009.
Implementations of the Parental Notice of Abortion Act: Compliance Issues
, SmithAmundsen Health Care Alert - July 29, 2009.
Implementations of the Parental Notice of Abortion Act: The Ruling
, SmithAmundsen Health Care Alert - July 27, 2009.
Appellate Successes
, SmithAmundsen Health Care Alert - July 6, 2009.
Appellate Court Holds that Federal Arbitration Act Preempts Illinois Nursing Home Care Act, Affirms the Validity of Arbitration Provisions in Resident Admission Contracts
, SmithAmundsen Health Care Alert - May 2009.
Co-author, "
Company Representatives in the Operating & Treatment Room: How to Navigate the Ever-Expanding Theories of Liability for Medical Device and Pharmaceutical Companies
,"
DePaul Journal of Health Care Law
, Spring 2009.
Pandemic Preparedness in the Face of Swine Flu
FDA Approval of Drug Warning Labels Does Not Protect Drug Manufacturers From State Based Lawsuits Alleging Inadequate Warnings
, SmithAmundsen Health Care Alert - March 2009.
Appellate Court Upholds Finding of No Doctor-Patient Relationship for On Call Physician
, SmithAmundsen Health Care Alert - December 2008.
Author, "In the Alternative,"
Nursing Home Litigation Reporter
, November 21, 2008.
Presenter, "
Case Law Update - 2008
," CHRMS Law Day - Days of Discovery, Chicago, IL, November 7, 2008.
Health Care Newsletter, Fall 2008
Sentinel Event Review Protected Under Medical Studies Act
, SmithAmundsen Health Care Alert - August 2008.
Featured Attorney (Carmel Cosgrave), "
Around the Watercooler
,"
Chicago Lawyer
Magazine, July 7, 2008.
Plaintiffs Required to Timely Investigate When They Know of Potential Claim
, SmithAmundsen Health Care Alert - June 2008.
Author, “The Declaration for Mental Health Treatment,”
Social Work Networker
(NASW Illinois State Chapter Newsletter), March 2008.
Author, "
Preparing Your Organization for E-discovery
,"
H&HN's Most Wired
Magazine, February 2008.
Supreme Court Decision Raises Bar for Suing Manufacturers of Defective Medical Devices
, SmithAmundsen Health Care Alert - February 2008.
Health Care Newsletter, Summer 2008
Health Care Newsletter, Spring 2008
Malpractice Caps Ruled Unconstitutional
, SmithAmundsen Health Care Alert - November 2007.
Speaker, "Avoiding the Medico-Legal Pitfalls," St. Joseph Hospital, October 26, 2007.
Speaker, "
90 Days Before Trial: the Final Countdown
, " Chicago Bar Association, October 24, 2007.
Speaker, “Target On Nursing Homes: Do’s And Don’ts In Nursing Documentation,”
Long Term Care Seminar
, October 15, 2007.
Hearing on Medical Malpractice Caps
, SmithAmundsen Health Care Alert - September 2007.
Author, "
They Want to Tell You
,"
Chicago Hospital News
, June 2007.
Speaker, "The Law and the Emergency Room: What They Didn’t Teach You in Medical School," Advocate Christ Hospital, June 2007.
Speaker, "Informed Consent: A Guide to Understanding a Patient’s Right of Self Determination," MacNeal Hospital, January 23, 2007.
Speaker, "The Mental Health Preference Declaration Act and Medical Record Documentation," Glenbrook Hospital, January 2007.
Health Care Newsletter, Winter 2007
Health Care Newsletter, Fall 2007
Health Care Newsletter, Summer 2007
Health Care Newsletter, Spring 2007
Author, “From Cocaine to Medicare, the Federal Sentencing Guidelines Permit More Judicial Discretion, but is that Good or Bad?,”
Compliance Today
(Health Care Compliance Association Journal), April 2006.
Speaker, “Mapping the Legal Minefield,” Illinois Masonic Hospital, February 2006.
Speaker, “End of Life Issues,” MacNeal Hospital, January 21, 2006.
Speaker, “Medical Malpractice Tort Reform,” Illinois Paralegal Association, November 2005.
Presenters, "Health Care Reform: What It Means for Employers," Lorman Education Services Seminar, Naperville, IL, July 9, 2010.
Presenter, "Medicare: New Mandatory Reporting Requirements and Implications for Settlement of Third Party Claims," SmithAmundsen Continuing Legal Education Seminar, February 15, 2010 and February 23, 2010.
Moderator and Panelist, "
Pandemic Health Issues that Affect Business
," Greater Aurora Chamber of Commerce panel discussion, October 6, 2009.
Presenter, “
A Litigation Perspective on How Illinois has Responded and Ruled on New Requirements and Trends Associated with PhRMA and AdvaMed Codes
,” Association Young Lawyers Section Health and Hospital Committee, Chicago, IL, April 28, 2009 and A
nnual Joint Convention of the Illinois Psychiatry Society and the Wisconsin Psychiatry Society,
Lake Geneva, IL, October 2009.
Presenter, "
Swine Flu: Is Your Business Ready?
" Illinois Chamber of Commerce webinar, September 24, 2009.
Long Term Care Seminar
, October 15, 2007.
Bird Flu Pandemic Seminar
, November 3, 2006.
Carmel M. Cosgrave
Esther Bachrodt
Donna E. Fernandez
Colin Gainer
Rita L. Gitchell
Patrick J. Lubenow
Linda F. Newman
Ruth E. Robinson
Jennifer Stuart
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