This medical malpractice lawsuit alleged failure to diagnose and treat a deep vein thrombosis (DVT) in a patient’s torn Achilles tendon before the DVT progressed to a fatal pulmonary embolism. The jury signed a verdict in favor of all of the defendants who were named in the case.
It was in this Illinois Supreme Court opinion that the trial court properly denied the plaintiff’s request for judgment notwithstanding the verdict against the defendant orthopedic clinic and the alternative motion for a new trial were likewise the correct ruling, denying that motion.
The jury was required to listen to the conflicting evidence tendered by both parties and to use that judgment to determine the truth. There was ample testimony that rebutted the plaintiff’s causation theory, and supported a reasonable conclusion that the pulmonary embolism resulting from DVT originating from an Achilles tendon tear was not the type of injury that a reasonable receptionist (the person who scheduled the follow-up visit) would see as a “likely result” of scheduling a follow-up appointment at three weeks, rather than two weeks.