Roger Robert Clayton

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Heyl, Royster, Voelker & Allen Professional Corporation
• Representative Cases & Transactions
  Cases

  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
  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
  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

  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.