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Articles Posted in Jury Instructions

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Illinois Supreme Court Reverses Appellate Court and Affirms Trial Court in Medical Malpractice Case Regarding Pattern Jury Instruction

On appeal from a trial court decision, the Illinois Appellate Court answered that the circuit court abused its discretion and denied the plaintiff a fair trial by refusing to issue a non-pattern jury instruction. The instruction was about the loss of chance doctrine and a pattern jury instruction on informed…

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Illinois Appellate Court Affirms Defense Verdict in Medical Malpractice Lawsuit, Polling Deadlocked Jurors

In this medical malpractice lawsuit, the plaintiff claimed the judge’s questioning of “Juror 3” coerced a verdict. The judge gave a Prim instruction (Illinois Pattern Jury Instruction, Civil No. 1.05; People v. Prim, 53 Ill.2d 62 (1973)) on the second day of deliberation after receiving two jury notes. The first…

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Illinois Appellate Court Reverses Medical Malpractice Verdict Over Instructions to Jury on Loss-of-Chance Doctrine

In this medical malpractice jury case, a Cook County Circuit Court judge rejected a request by the plaintiff, Jill Bailey. She had requested a non-pattern jury instruction on “loss-of-chance.” The judge’s decision resulted in a reversal of a defense verdict. Bailey alleged that Jill Milton-Hampton died because of a delay…

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Illinois Appellate Court Affirms $1.6 Million Jury Verdict in Wrongful Death, Medical Malpractice Case

Angela L. McIntyre, as independent administrator of the estate of Donald R. McIntyre Jr., filed a medical malpractice case alleging that her late husband was negligently treated while he was a patient in the ICU at OSF St. Francis Medical Center. The jury’s verdict was signed in favor of the…

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Illinois Appellate Court Reverses $1 Million Jury Verdict Because of Confusing and Ambiguous Special Interrogatory

Michelle Morrison, a senior account representative in the Alexian Brothers Behavioral Health Hospital’s billing department, sent a woman referred to here as “Jane Doe” and others “vile and shocking” letters on the hospital’s letterhead. Morrison was fired in July 2010 for using the hospital’s computer system for personal searches. After…

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U.S. Court of Appeals Affirms Jury Verdict in Favor of Orthopedic Surgeon in Medical Negligence Lawsuit

On June 26, 2014, Dr. Corey Solman performed arthroscopic surgery on the knee of Leslie Grussing. At her follow-up appointment on July 9, 2014, she met with a physician’s assistant and reported swelling in her knee. The physician’s assistant suggested physical therapy. Dr. Solman did not examine her at that…

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Illinois Appellate Court Finds That Illinois Pattern Jury Instruction on Bad Faith Claims Does Not Accurately Express the Current State of Illinois Law

A medical malpractice lawsuit was filed in which the physician’s insurer, Illinois State Medical Inter-Insurance Exchange (ISMIE), refused to pay its $3 million policy limit to settle the case, which was brought by Alizabeth and Alvin Hana. The suit was filed against Drs. Albert and Joyce Chams and Chams Women’s…

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Illinois Appellate Court Reverses Trial Court’s Entry of Judgment Based on Special Interrogatory Favoring the General Verdict

In an unfortunate suicide by Keith Stanphill, a lawsuit was brought by Zachary Stanphill against a social worker, Lori Ortberg, and the hospital with which she was affiliated. She saw Keith Stanphill at Rockford Memorial Hospital just nine days before his suicide. Ortberg is a licensed clinical social worker. During…

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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…

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Illinois Appellate Court Orders New Trial After Inconsistent Medical Malpractice Jury Verdict

In a strange but interesting medical malpractice case, the jury entered a verdict in favor of the plaintiff without awarding a single dollar for plaintiff’s noneconomic damages. In April 2013, after a three-day jury trial, the jury found in this medical negligence lawsuit that the defendant physician Dr. Sublette was…

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