In her 17 years of practicing law, Edna has developed a practical and pragmatic approach to resolving cases. Today, she is a fierce advocate with a calm demeanor. As a radio personality in college, Edna learned to get her message across to an audience quickly in the time she was allotted to speak. She draws on that experience today, as she forms oral arguments to solve problems.
As a member of the firm’s Health Care Service Group, Edna defends hospitals, physicians, nurses and oral surgeons in complex medical negligence cases. She works with clients to coordinate discovery responses, prepares clients for depositions, negotiates settlements, prepares and argues motions, and manages trial preparation. She has tried multiple medical negligence cases to defense verdicts and has successfully argued an appeal before the Illinois Second District Appellate Court.
Edna also defends hospitals, religious and nonprofits institutions in sexual abuse claims. She has handled both pre-suit investigations of and litigated sexual abuse claims and provided advice and counsel to manage such claims that are both covered and not covered by insurance policies.
Edna has previous experience managing thousands of trial-set asbestos cases in several jurisdictions from filing, and when necessary, to verdict. She has assisted clients in preparing corporate representative witnesses for deposition, managed large-scale document productions, and coordinated discovery for cases pending in both state and federal court and negotiated several cases to favorable settlements. Lastly, Edna has represented clients in a variety of tort claims, including motor vehicle accidents, premises liability matters, and complex products liability cases.
Membership & Involvement
- Member: American Bar Association, Section of Litigation; Missouri Bar Association; Wisconsin Bar Association; Illinois Association of Defense Trial Counsel; Chicago Hospital Risk Management Society (CHRMS), Program Committee
- Editorial Board: IDC Quarterly
- Selected to the Illinois Rising Stars list: 2011, 2014, 2015, 2016, 2017
Resources & Insights
In the Media
- Publication, Summer 2022
- Media Mention,
- Media Mention,
- Copay Collection Cannot Delay Care, or Hospital Risks EMTALA Violation -- Hospital Access Management Interviews and Quotes Edna McLainMedia Mention,
- Media Mention,
- Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following DobbsArticle, SmithAmundsen Health Care Alert,
- SmithAmundsen Health Care alert,
- Liability Immunity under the PREP Act for Medical Device Manufacturers for Qualified Medical Countermeasures against COVID-19SmithAmundsen Health Care Alert,
- SmithAmundsen Health Care Alert,
- SmithAmundsen, Webcast,
- Chicagoland Healthcare Risk Management Society; Oakbrook, IL,
- The Challenge of Serving in Black Robes, Not White Coats: The Second District Affirms the Denial of Patients’ Requests for IvermectinIllinois Defense Counsel Quarterly,
- The Impact of Gun Violence on Hospitals and the Expansion of the Duty to Protect PatientsIllinois Defense Counsel Quarterly,
- Context is Key: Understanding When Incident Reports are Privileged Under the Long Term Care Peer Review and Quality Assessment and Assurance Protection ActIllinois Defense Counsel Quarterly,
- Clash of the Titans: The Interaction of the Wrongful Death Act, Statute of Repose, Statute of Limitations and the Discovery RuleIllinois Defense Counsel Quarterly,
- The Challenge of Serving in Black Robes, Not White Coats: The Second District Affirms the Denial of Patients’ Requests for IvermectinThe Challenge of Serving in Black Robes, Not White Coats: The Second District Affirms the Denial of Patients’ Requests for Ivermectin
Read Edna McLain’s recent article, “The Challenge of Serving in Black Robes, Not White Coats: The Second District Affirms the Denial of Patients’ Requests for Ivermectin” in IDC Quarterly!
- A New Era: Prejudgment Interest in IllinoisA New Era: Prejudgment Interest in Illinois
Illinois Governor Pritzker recently signed into law a bill that allows a plaintiff to recover 6% per annum prejudgment interest in any personal injury or wrongful death lawsuit pending or filed in Illinois on or after July 1, 2021.
- Keeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following DobbsKeeping an Eye on PHI: OCR Guidance Concerning Permissible Disclosures of Reproductive Health PHI following Dobbs
Learn the new guidance post-Dobbs for patient’s health information concerning abortion and other sexual and reproductive health services.
- May a Health Care Provider Refuse to Treat an Unvaccinated Patient?May a Health Care Provider Refuse to Treat an Unvaccinated Patient?
Two-thirds of Americans are vaccinated against COVID-19 according to the latest numbers. For the remaining unvaccinated population, there are questions about how medical care providers should serve them.