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Articles Posted in Experts

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Illinois Appellate Court Affirms Denial of New Trial Because of Absence of Expert Witness in Medical Negligence Lawsuit

Ferid Okic’s common bile duct was damaged during a routine gallbladder removal surgery. His injury went undiagnosed for over a month, requiring corrective surgery and significantly delaying Okic’s recovery. Okic sued his surgeon, Dr. Athanasios Diniotias, alleging that both the surgeon negligently performed the surgery and that he was negligent…

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State Appellate Court Finds Expert Report Sufficient in Medical Negligence, Wrongful Death of a Child from Bacterial Infection

A Texas state appellate court has held that a plaintiff expert’s report was adequate in a case brought by the parents whose child died after receiving inadequate treatment for a respiratory infection. Luz Del Carmen Rodriguez and Victor Velazquez took their infant son to the office of a pediatrician, Dr.…

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Illinois Appellate Court Affirms Jury Verdict Ruling that Defendant Doctor’s Closing Argument Comments Did Not Cause Substantial Prejudice

After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed that the doctor was negligent in choosing not to diagnose…

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Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert

In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…

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Illinois Appellate Court Examines Expert Witnesses in Refiled Case

Under the Illinois Code of Civil Procedure Section 2-1009, an Illinois plaintiff is allowed to voluntarily dismiss all or part of a claim without prejudice before a trial or a hearing begins. The statute allows this process upon payment of costs. Related to Section 2-1009 is Illinois Supreme Court Rule…

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Illinois Appellate Court Interprets Rules on Naming New Experts in Refiled Medical Malpractice Case

In this case of medical malpractice, the trial court refused to allow the plaintiff to name a pediatric oncologist as one of her expert witnesses. The plaintiff, Kelli Boehle, used what is called a “strategic voluntary dismissal” in order to name a new additional expert. Right after refiling the case…

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Illinois Appellate Court Bars Medical Expert in Wrongful Death Lawsuit

This lawsuit arose out of a wrongful-death and medical malpractice case brought by the plaintiff, Lawanda Freeman. She was the special administrator of the estate of her deceased husband, Terrance Freeman. In her complaint against the defendant, Gayle R. Crays, M.D., she alleged that Dr. Crays was negligent in the…

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Illinois Appellate Court Affirms $7.9 Million Medical Malpractice Lawsuit Where a Jury Returns a General Verdict

The Illinois Appellate Court affirmed a jury’s $7.9 million general verdict against a physician, Dr. Yasser Alhaj-Hussein, who did a celiac plexus block procedure on one of his patients, Kathy Arient. The procedure was performed at Orland Park Surgical Center. After the procedure, Arient experienced numbness in her legs and…

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U.S. Court of Appeals Affirms District Court Judge’s Decision that Plaintiff’s Medical Witness was Not Credible

Philip Madden suffered from numerous medical conditions including obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hyperventilation syndrome and hyperlipidemia. He was admitted to the Jesse Brown V.A. Medical Hospital in Chicago several times leading up to his last admission in December 2007. When…

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Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2)

During the discovery process in the case of Toni M. Morrison’s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison…

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