Illinois Law - Dead Man's Act

Agins v. Schonberg, No. 1-08-3207 (1st Dist. Dec. 23, 2009). Counsel for estate of deceased physician who was suing another physician for malpractice waived the protections of the Dead Man’s Act (which prevents a living party from testifying to certain things that occurred during the life of, and in the presence of, the deceased) by eliciting testimony from witnesses about details of decedents visit to on defendant physician’s office.

However, the decedent’s widow was prevented from offering the hearsay testimony as to why decedent decided against treating with one of the defendant doctors.