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Articles Posted in Experts

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Wrong Jury Instruction Given in Medical Malpractice Case But Not Reversible Error

Melvin Jones received a cervical laminectomy on Feb. 6, 2008 by surgeon Dr. Martin Luken. Dr. Charles Beck, an internist at the same hospital, evaluated Jones after the surgery. Jones developed gastrointestinal issues, and Dr. Beck ordered a series of tests. Dr. Beck remained involved with Jones’s care over the…

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$5.7 Million Settlement at Mediation for Mother who Suffered Hypoxic Brain Injury After Delivering her Child

Ms. Doe, 17, experienced back and abdominal pain in her 34th week of the pregnancy. She was admitted to a local hospital where her condition deteriorated over the next several days. Ms. Doe was then diagnosed as having sepsis and placed on a ventilator. After giving birth to her daughter,…

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$885,000 Cook County Jury Verdict in Misdiagnosed Appendicitis

Karol Stawarz was complaining to his primary care physician, Dr. Victor Forys, about his lower abdominal pain. Dr. Forys diagnosed gastroenteritis and prescribed medicine. He also told Stawarz to follow up in 24 hours or go directly to the hospital if his condition got worse. On the following day, Stawarz…

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$1 Million Medical Negligence Jury Verdict Where Median Nerve Was Severed During Carpal Tunnel Surgery

A Will County, Ill., jury entered a $1,066,000 verdict against an orthopedic surgeon, David Burt, M.D.  Virginia Faletti, 82, underwent endoscopic carpal tunnel release surgery on her right wrist at Edward Hospital.  The surgery was done to relieve pressure on the median nerve because of crowding within the carpal tunnel…

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Illinois Appellate Court Holds Expert Witness Meets Qualifications; Bonner v. Ostro

Joyce Bonner was injured in a fall and lost four of her front teeth.She received treatment from dentist Dr. Elliott Ostro to repair the damage.Ostro recommended four implants to replace the teeth.However, Ostro did not take x-rays or make molds of Bonner’s mouth before starting his work. More than a…

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Ruling Shows Gaps in Expert’s Testimony; Dixon v. Ford Motor Co.

Attorneys know that experts are frequently important in the courtroom to assist them during trial. A doctor, for example, can introduce expertise and experience that an attorney cannot possibly duplicate. The doctor’s testimony can influence the jury in exactly the way the attorney desires. It is important, however, to make…

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Jury Verdict for Doctor, Plaintiff Fails to Prove Misdiagnosed Heart Infection – Monahan v. Dr. Joseph Giordano

There is an old saying that hindsight is always twenty-twenty, i.e., we can always see something coming after the fact. When it comes to medical cases, it is often easy to see the signs and symptoms of a disease after it has run its course. However, diagnosing a disease in…

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Cook County Surgeons Cut Common BIle Duct During Surgery, But Jury Finds for Defendants – Irwin v. Alan Loren, M.D.

In medical malpractice lawsuits, there is sometimes a thin line between what constitutes negligence and what does not. Take for example the Cook County lawsuit of Jennifer Irwin v. Alan B. Loren, M.D. and Daniel R. Conway, M.D., Advanced Surgical Associates, S.C., 08 L 2760. The defendant doctors committed a…

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Illinois Appellate Court Allows Expert Testimony Regarding Different Treatment Plans – Taylor v. County of Cook

The First District Appellate Court of Illinois affirmed a not guilty jury verdict in the medical malpractice lawsuit of Raven Taylor v. The County of Cook, et al., No. 1-09-3085. While the plaintiff appealed the verdict on several counts, perhaps the most significant of the appellate court’s rulings was in…

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Impeachment of Medical Expert for Prior Inconsistent Statement in Section 2-622 Report Allowed By Illinois Appellate Court – Iaccino v. Anderson

The Illinois Appellate Court has found that a medical expert in a medical malpractice case may be impeached with the use of the physician’s §2-622 (Illinois Code of Civil Procedure) report as a prior inconsistent statement. This issue before the court was one of first impression in the state and…

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