Section Newsletters

Articles From Nicholas T. Motherway

Evaluating Mid-Level Providers Today By Nicholas T. Motherway Tort Law, October 2024 Plaintiffs’ counsel knows the general rule in medical malpractice cases: to even get started, you must have an expert in the same field as the defendant to prove a breach of the standard of care. The experts must also do the proverbial “stay in your lane” for breach and causation.
Look Closer at That Healthcare Lien for Unpaid Bills When a Client Has Health Insurance By Nicholas T. Motherway Tort Law, April 2024 The Health Care Services Lien Act  has settlement procedures for providers so that a plaintiff will receive some compensation in a settlement if the medical bills are higher than the settlement amount.
Use of Emotional Distress Instruction By Nicholas T. Motherway Tort Law, April 2023 In at least the past 20 years it is established that emotional distress is a proper element of damages in all personal torts and no expert evidence is needed to prove emotional distress.
The Duty to Preserve Evidence and Illinois Supreme Court Rule 214 and Spoliation By Nicholas T. Motherway Tort Law, January 2022 Lawyers should advise their clients to keep all evidence that may be material to a case.
Look closer at that healthcare lien for unpaid bills when a client has health insurance By Nicholas T. Motherway Tort Law, December 2018 Although receiving a healthcare lien for a client's treatment can become routine, it is important to make sure to take a look at whether the underlying bill on the lien was paid. 
Illinois Evidence Rule 406 and the admissibility of habit evidence for the individual plaintiff or defendant By Nicholas T. Motherway Tort Law, March 2015 Can the prior acts of an individual rise to the level of being a habit and be introduced as evidence under Illinois Evidence Rule 406?
Illinois Evidence Rule 406 and the admissibility of habit evidence for the individual plaintiff or defendant By Nicholas T. Motherway Bench and Bar, March 2015 Can the prior acts of an individual rise to the level of being a habit and be introduced as evidence under Illinois Evidence Rule 406?

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