Page 17 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

in Cook County, Illinois, which is not where any defendant

wants to be sued. For reference, Cook County is consistently
listed as one of the worst jurisdictions for defendants in the

United States described as a ‘judicial Hellhole’.
7

It is also important to note that Illinois permits the disclosure
of malpractice policy limits – Tennessee does not. Once the

plaintiff’s attorney realized that the pathologist had

significantly greater coverage limits than the Chicago
physicians, the pathologist became the primary target in the

litigation. The plaintiffs settled with the Chicago defendants,
leaving the pathologist as the sole defendant to stand before

the jury. Ultimately, the case was settled in mediation for a

reasonable amount.

The moral of the story is that if you provide medical services to

residents of another state, whether by telehealth or otherwise,
you should:

 Ensure your medical malpractice liability carrier is aware

of it and you are appropriately covered

 Be licensed in the other state

 Be familiar with the standard of care in the other state

 Be prepared to be sued in that other state

7 www.judicialhellholes.org/hellhole/2017-2018

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