An Illinois Appellate Court reviewed an Illinois medical malpractice case to determine whether references to the defendant doctors’ military service had prejudiced the jury against the plaintiff and contributed to its not guilty verdict. After reviewing the facts of the case, the court held that the comments had not prejudiced the jury and were “harmless”. Pavnica v. Edwin Veguilla, et al., No. 3-09-0065.
The plaintiff’s medical malpractice complaint alleged that Dr. Veguilla, an emergency room physician, had failed to prescribe anaerobic antibiotics when the plaintiff presented to the ER with an injured toe. The plaintiff’s medical history was complicated by a long history of diabetes and immunosuppressive medications he was taking after receiving a kidney and pancreas transplant. All diabetic patients realize the importance of checking your feet on a regular basis for potential cuts and injury as diabetic patients can easily develop diseases in their feet that could lead to gangrene.