Heyl Royster

 

Roger Clayton

Roger Clayton

Significant Cases

  • Witherell v. Weimer 85 Ill. 2d 146 (1981) Estoppel to assert statute of limitations based upon ongoing treatment with defendant physicians; also allowed testimony of pharmacist on a physician duty of care in prescribing medications.
  • Walter v. Hill 156 Ill. App. 3d 708 (3d Dist. 1987) Failure to file affidavit of merit with medical malpractice complaint when filed did not preclude filing affidavit after statute of limitations had run.
  • Hartford v. Gulf 837 F.2d 767 (7th Cir. 1988) Interpretation of conflicting additional insured clauses in insurance policies.
  • Fawcett v. Reinertsen 131 Ill. 2d 380 (1989) Extent of allowable questioning of a defendant physician.
  • Batten v. Retz 182 Ill. App. 3d 425 (3d Dist. 1989) It was not an abuse of discretion by the trial court in a medical malpractice action to dismiss plaintiff's complaint with prejudice and deny leave to amend even though required certificate of merit was only two days late in being filed. 
  • Case v. Galesburg Cottage Hospital 227 Ill. 2d 207 (2007) Time that elapses between voluntary dismissal of a plaintiff's complaint and its refiling pursuant to the limitation saving statute is not to be considered by a court when ruling on a motion to dismiss based on plaintiff's failure to exercise reasonable diligence to obtain service.
  • Post v. Methodist Medical Center of Illinois (3d Dist. 2008) Interpretation of 735 ILCS 5/622 certificate of merit requirements. 
  • Helfers-Beitz v. Degleman 406 Ill. App. 3d 264, 939 N.E.2d 1087 (3d Dist. 2010) Hospital not responsible for physician's acts of sexual misconduct nor for negligent hiring, credentialing or retention where hospital made reasonable inquiry.

Transactions

  • Represented physicians and nurses in disciplinary proceedings before the Illinois Department of Financial and Professional Regulation.
  • Represented large multi-specialty physician group in sale of group to hospital.
  • Represented hospitals and physicians in purchase of physician practices.
  • Drafted medical staff bylaws, codes of ethics, HIPAA and corporate compliance programs, and contracts for numerous hospitals.
  • Represented hospitals and physicians in medical staff privilege proceedings.
  • Represented hospitals against actions by governmental agencies including, but not limited to, charity care, cost reporting, and EMTALA violations.

Publications

  • “Certain Patient Records Deemed Privileged Under Patient Safety Act,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • "Trial," chapter in Medical Malpractice, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • “Products Liability, and Birth-Related Causes of Action,” sections in The Law of Medical Practice in Illinois, 3D, Vol. 21, Illinois Practice Series (2018)
  • “Appellate Court Addresses Standard for Proximate cause Opinion Testimony and Plaintiff’s Use of Voluntary Dismissal as a Tool to Disclose Additional Experts,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • “Isn’t Every Party Entitled to be Represented by its Own Attorney? Take Note of Gapinski v. Gujrati,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • “Hospitals Beware: Apparent Agency Claims May Arise From Treatment Rendered at Offsite, Independent Clinics,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • "Timeshare Arrangements Exception to Stark Law Offers Opportunities in Rural/Underserved Communities," American Bar Association, Health Law Litigation (2016)
  • "Appellate Court Addresses Issue of First Impression Concerning Apparent Agency, Consent Forms and a Non-English Speaking Patient," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Illinois Supreme Court Addresses Various Privilege Claims in the Case of a Negligent Credentialing Claim in Klaine v. Southern Illinois Hospital Services," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Illinois Supreme Court: Attorney Fees and Costs Should Not Be Deducted Before Calculating Amounts Recoverable Under the Health Care Services Lien Act," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Illinois Appellate Court Reinforces Broad Protection for Hospital Credentialing and Privileging Decisions," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Affidavit and Health-Professional's Report Requirements Extended to Medical Battery Claims," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Health Law Update: The Fifth District Provides Guidance on Claims of Privilege," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "Illinois Supreme Court Rules Against Emergency Room Physicians in Resolving Split Among Appellate Districts Regarding Interpretation of Good Samaritan Act," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "HHS, OIG, and CMS Issue Final Rule Revising the Stark Law and Anti-Kickback Act EHR Safe Harbor," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Beware the Whistleblower: Whether Congress' Omission of the Term 'Employer' from Section 3730(h) of the False Claims Act Was Intended to Extend Liability to a Whistleblower's Individual Supervisors," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Drafting a Consent to Treatment Form? Defending an Apparent Agency Claims? Consider the Appellate Court Third District's Decision in Steele v. Provena Hospitals," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "The Rise of the 'Reverse' False Claim And Proposed Rules from CMS on Reporting and Returning Overpayments," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "The Impact Of Day In The Life Videos In Catastrophic Injury Cases," Heyl Royster 28th Annual Claims Handling Seminar (2013) 
  • "First District Appellate Court Addresses Proximate Cause Defense in Case of Third-Party Intervening Physician in Buck v. Charletta,Illinois Defense Counsel Quarterly (2013) - Download Article
  • "HHS Releases HIPAA Final Rule to Implement Statutory Amendments under HITECH Act and GINA," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Appellate Court Clarifies Jury Trial Requirement in Involuntary Commitment Cases," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Supreme Court Issues Decision Regarding Recoverable Damages for Wrongful-Birth in Clark v. Children's Memorial Hospital," Illinois Defense Counsel Quarterly (2011) - Download Article
  • "What Every Litigator Needs to Know About the Illinois Supreme Court's Rejection of Damage Caps," Illinois Defense Counsel Quarterly (2010) - Download Article
  • "What Every Litigator Needs to Know About Current Medicare Issues," Illinois Defense Counsel Quarterly (2010) - Download Article
  • "What Every Litigator Needs to Know About the HITECH Breach Notification Rules," Illinois Defense Counsel Quarterly (2010) - Download Article
  • "The Law of Medical Practice in Illinois," West Publishing (2007)
  • "What Every Physician Needs to Know About the Stark Law," Heyl Royster Medicolegal Monitor(2008) - Download Article
  • "Advertising, Consent Forms, and Apparent Agency: A Review of the Illinois Supreme Court's Ruling in York v. Rush-Presbyterian-St. Luke's Medical Center and Some Practice Suggestions," Illinois Defense Counsel Quarterly (2007) - Download Article
  • "What Every Litigator Needs to Know About Negligent Credentialing Claims," Illinois Defense Counsel Quarterly (2007) - Download Article

Public Speaking

  • “Defending Licensing Disciplinary Actions”
    Illinois Provider Trust Annual Meeting 2018
  • “Get on Board! The Good, the Bad, and the Ugly!”
    Illinois Critical Access Hospital Network (ICAHN), Annual Conference 2017
  • “Recent Trends in Illinois Department of Financial and Professional Regulation Actions”
    Heyl Royster's 32nd Annual Claims Handling Seminar 2017
  • “Physician Lease Arrangements: New Rules”
    Illinois Critical Access Hospital Network (ICAHN), Annual Conference 2016
  • “Legal Options for Specialty Physician Contracting”
    Illinois Critical Access Hospital Network (ICAHN) Webinar 2016
  • “How to Prepare Physicians and Nurses for Deposition and Trial Testimony When They Are Overly Emotional About the Case”
    Illinois Society of Healthcare Risk Management Annual Meeting 2013
  • “Update On Corporate Compliance”
    Proctor Hospital 2012
  • “Defense Handling of Day In the Life Videos”
    Illinois Defense Counsel Spring Symposium (Chicago) 2012
  • “Guilty/Not Guilty - It’s Up to You!”
    Family Practice Residency Program 2009
  • “Health Law 101”
    Community Memorial Hospital 2009
  • “Current Issues Involving Medical Staff and Board Bylaws”
    Paris Community Hospital 2009
  • “End of Life Legal Issues”
    Methodist Medical Center 2009
  • “DNR Issues”
    Proctor Hospital 2008
  • “Thinking About Risk Reduction and Patient Safety From a Proactive Risk Management Perspective For Behavioral Health Services”
    Methodist Medical Center 2008
  • “Good Care Reduces Cost”
    Methodist Medical Center 2007
  • “Avoiding Malpractice in the Emergency Department”
    Methodist Medical Center 2007