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Martinez v. Elias, M.D., No. 1-08-0265 (December 28, 2009). Court properly denied motion in limine to bar evidence of financial motive to perform surgery, which plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon, therefore deviating from the standard of care. Motion for new trial was denied, but the court reversed a remittitur for $100,000 [...]
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Kaiser v. Doll-Pollard , No. 5-08-0247 (February 11, 2010). Court held that Plaintiff who underwent surgery at hospital in Clinton County (the complications of which were the subject of the suit) but was then transferred to a hospital in St. Clair County to diagnose and treat the resulting problems, could bring suit in St. Clair [...] 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 [...] |
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