Medical and Dental Malpractice

Alholm, Monahan, Klauke, Hay & Oldenburg has defended numerous medical and dental malpractice cases. We have defended all types of malpractice cases, from simple infection cases to those involving severe neurological impairment with complex medical treatment. In addition to the defense of malpractice cases, we have vast experience in representing institutions in related negligence matters. We have also represented various healthcare professionals before the Illinois Department of Financial and Professional Regulation, and have also had occasion to represent medical and dental defendants in related cases involving credentialing, fee disputes, and partnership matters. In the course of representing both insurance carriers and self-insured organizations, we have represented a wide variety of clients, including individual practicing physicians and dentists, nurses, therapists, pharmacists, emergency room groups, multidisciplinary clinics, managed care groups, long-term care facilities, medical institutions and hospitals.

The lawyers on our team have jury trial experience in defending medical and dental malpractice cases. We have tried numerous cases to verdict with positive results. Many of the trials resulted in not guilty verdicts and many resulted in judgments less than the plaintiff's last demand. In addition, we have tried a number of cases in the Cook County Circuit Court's Mandatory Arbitration Program, with favorable outcomes for our clients.

At Alholm, Monahan, Klauke, Hay & Oldenburg, we are prepared to handle a case from inception through trial and, if necessary, through appeal. Of significance are three appeals which proceeded to the Illinois Supreme Court: Arthur v. Catour, Varelis v. Northwestern Memorial Hospital, and Gonzales v. Thorek Hospital (citations in individual biographies attached.) In Arthur, the Illinois Supreme Court held that, in a personal injury case, a plaintiff may submit to the jury the total amount of medical bills, not solely the discounted amount, but those bills that are found to be “reasonable expenses of necessary medical care.” In Varelis, the Illinois Supreme Court found in favor of the defendants, and held that a decedent’s wife could not pursue a wrongful death claim because the husband-decedent, while still alive, had previously obtained a jury verdict against the same defendants on the same facts. In the Gonzales case, we represented Thorek Hospital and challenged the plaintiff’s right to refile their case after a voluntary dismissal.

Our firm also has experience in the resolution of negligence and medical and dental malpractice cases by the means of alternative dispute resolution. We have successfully resolved a number of cases by mediation. As a result of our firm's experience with this process, we encourage our clients to consider mediation as a means of resolving cases which are postured for settlement, are exceptionally dangerous, or exceptionally sensitive.