In the recent Illinois Appellate Court decision of McChristian v. Brink, it was held that the defendant’s attorney, representing a podiatrist and the podiatry clinic, was not prohibited from calling a controlled expert (Ill. S. Ct. Rule 213 (f)(3)) podiatrist to testify at trial when this expert was also one…
Articles Posted in Experts
Illinois Appellate Court Reverses Dismissal of Case Based on Qualifications of Medical Expert
A medical malpractice lawsuit was filed by Beverly Coote on behalf of her mother, Phyllis Brevitz, against Dr. Robert A. Miller and Midwest Orthopaedics Consultants S.C. The issue in the case was whether the Coote’s expert had enough credibility to testify at trial. The trial judge ruled that Coote’s expert was inadequate…
Illinois Jury Finds in Favor of Surgeon in Patient Death Related to Colon Ischemia
Mary Leemputte came to the emergency room at Northwest Community Hospital in Arlington Heights, Ill., in April 25, 2011. She was admitted to this hospital suffering from severe abdominal pain, urinary tract infection, tachycardia or rapid heart rate and an elevated white blood cell count, which often is associated with…
Illinois Appellate Court Finds in Medical Malpractice Case That Manifest Weight of the Evidence Was Insufficient, Affirming Dismissal
In November 2008, Anil R. Shah, a medical doctor who practices facial surgery and otolaryngology, performed several outpatient plastic surgery procedures for Daniel Green in the doctor’s Schaumburg, Ill., office. The procedures did not require general anesthesia and were performed under local anesthetic in Dr. Shah’s outpatient office. Although Green…
Appeals Court Reverses Trial Court Found to Have Abused Its Discretion in Excluding the Testimony of a Plaintiff’s Expert Witness
Paulette Elher filed a medical malpractice lawsuit against Dr. Dwijen Misra Jr. M.D., seeking damages alleging that Dr. Misra accidentally clipped her common bile duct while performing a laparoscopic cholecystectomy. Elher wanted to have the court admit expert testimony where it would be stated that clipping a patient’s common bile…
Illinois Appellate Court Affirms $12.2 Million Jury Verdict for the Death of a Patient Who Died After a Failure to Receive an Emergency Blood Treatment
Matthew Gulino, the husband of the plaintiff, Joanne Gulino, visited his primary care physician in October 2009 complaining of nausea, fatigue, shortness of breath, chills and lightheadedness. The doctor diagnosed him with anxiety and prescribed Xanax after several tests showed the symptoms were not heart related. Gulino returned to his…
U.S. Court of Appeals Affirms Summary Judgment in Causation Expert Qualifications for an Injury Suffered Because of Inhaled Chlorine Gas
Kent Higgins inhaled chlorine gas at the Holiday World Amusement Park when the ride he was on malfunctioned. Higgins suffered chronic asthma and reactive airways dysfunction syndrome, or RADS, as a result of the alleged negligence of the defendant, Koch Development, the owner of Holiday World Amusement Park. Higgins, the…
Appellate Court Affirms Decision That Expert Testimony is Required in Lawsuit In Which it Was Alleged Amputation Resulted From Fracture Caused by Negligent Transfer
A Minnesota Appellate Court has held that expert testimony was required to prove a plaintiff’s claim that the paramedic’s negligent transfer was the cause of a patient’s ankle injury and later resulted in a leg amputation. Mary C. suffered from various health problems and was a left-leg amputee. After she…
Illinois Federal Court Applies Traditional Medical Malpractice Ruling to Suicide Lawsuit
John Dux was alleged to have committed suicide because of a medical-malpractice incident at the Hines Veterans Administration Hospital in Maywood, Ill. The lawsuit brought by his daughter was filed against the United States government under the Federal Tort Claims Act, which included a claim for wrongful death. The parties…
$2.7 Million Cook County Jury Verdict for the Death by Pulmonary Embolism After Hysterectomy
Mary Mitchell underwent a total abdominal hysterectomy, but the doctor chose not to employ the appropriate prophylactic measures to prevent deep vein thrombosis and pulmonary embolism that was alleged to have caused or contributed to her untimely and unfortunate death.. The doctor who did the surgery, Dr. Amalendu Majumdar was…