Vested Interest - October 1999 Issue

The President's Thoughts

ITLA INSTRUMENTAL IN SUPREME COURT’S HMO LIABILITY DECISION

On September 30, 1999 the Illinois Supreme Court issued a landmark decision in William Petrovich, Adm’r of the Estate of Inga Petrovich, et al.,v. Share Health Plan of Illinois, Inc, docket No. 85726. The plaintiff, who was a member of a health maintenance organization (HMO) sued the HMO for medical malpractice, alleging that the HMO was vicariously liable for the conduct of the participating physician who treated her. The Supreme Court held that: (1) an HMO may be held vicariously liable for the negligence of its independent-contractor physicians under the doctrine of apparent authority, (2) such liability may also be imposed under the doctrine of implied authority; and (3) fact issues entitled the patient to a trial under both doctrines.

ITLA Board member Bob Napleton represented the plaintiff and ITLA Board of Advocates member John Nisivaco authored the amicus brief on behalf of ITLA.

EDUCATIONAL SEMINARS

Record attendance has accompanied the ITLA seminars to date which have maintained their historical hallmark of excellence. Hand-out materials continue to be first–rate and timely while speaker surveys are highly favorable.

The series continues November 6, 1999 when the Worker’s Compensation Seminar will take place at the Wyndham Garden Hotel in Oakbrook Terrace. Topics include Jurisdiction, Arising Out Of / In the Course Of, Penalties, Repetitive Trauma, Statute of Limitations, Malpractice Considerations and Petrillo.

Always informative, the Medical Malpractice seminar is scheduled for December 11, 1999. This seminar will be held at the DoubleTree Guest Suites Hotel in Chicago.

The ever popular Past President’s seminar will be held January 8, 2000. Past Presidents of ITLA will share tips and tactics that have led to their courtroom successes. This first seminar of the new century will take place also at DoubleTree Guest Suites, Chicago.

To register for these seminars, call the ITLA office at 800-252-8501.

MEDICAL MALPRACTICE NOTEBOOK

Beginning December 11, 1999, the updated ITLA Medical Malpractice Notebook will be available on CD as well as in hard-copy form. The cost is $125.00 which covers the notebook and the CD.

THE COMPLAINT FORM BOOK

ITLA member Dan O’Connor is organizing the updated ITLA Complaint Form Book. This update, the first in at least 10 years, will be available on disc so users can cut and paste. Please forward any complaints you feel are worthy as guides to ITLA in Springfield in either Word or Word-Perfect format. Accompanying interrogatories and production requests unique to the theory plead would also be beneficial.

Keep the Faith.

Michael J. Reagan
President, Illinois Trial Lawyers Association