HUNDLEY LAW GROUP » med mal http://www.hundleylaw.com Trial and Appellate Litigation Wed, 12 Oct 2011 16:55:06 +0000 en hourly 1 http://wordpress.org/?v=3.0.5 Martinez v. Elias, M.D. http://www.hundleylaw.com/2010/02/martinez-v-elias-m-d/ http://www.hundleylaw.com/2010/02/martinez-v-elias-m-d/#comments Tue, 23 Feb 2010 21:00:58 +0000 HLG http://www.hundleylaw.com/?p=85 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 [...]]]> 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 because the testimony was sufficient to support jury’s award of $100,000 for non-itemized future medical expenses.

]]> http://www.hundleylaw.com/2010/02/martinez-v-elias-m-d/feed/ 0 Kaiser v. Doll-Pollard http://www.hundleylaw.com/2010/02/kaiser-v-doll-pollard/ http://www.hundleylaw.com/2010/02/kaiser-v-doll-pollard/#comments Tue, 23 Feb 2010 17:43:11 +0000 HLG http://www.hundleylaw.com/?p=94 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 [...]]]> 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 County. Since postoperative care there was integral part of the surgery Defendant physician performed in Clinton County hospital, and since considerable evidence regarding cause and extent of Plaintiff’s injuries will come from St. Clair County she was not engaged in “forum-shopping” by choosing St. Clair as her preferred venue.

]]> http://www.hundleylaw.com/2010/02/kaiser-v-doll-pollard/feed/ 0 Agins v. Schonberg http://www.hundleylaw.com/2010/01/agins-v-schonberg/ http://www.hundleylaw.com/2010/01/agins-v-schonberg/#comments Fri, 08 Jan 2010 00:26:11 +0000 HLG http://www.hundleylaw.com/?p=64 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 [...]]]> 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.

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