Illinois Appellate Court Affirms Jury Verdict for Plaintiff in Medical Malpractice Claim of Negligence in Spinal Surgery

Gloria Tirado and Christian Tirado were plenary guardians of Gina Gutierrez, who brought a medical malpractice case against Drs. Konstantin Slavin and Gerald Oh. In the suit, it was alleged that the doctors negligently performed spinal surgery on Gutierrez and were negligent in their follow-up care.

In answer, Dr. Slavin raised an affirmative defense of contributory negligence for Gutierrez’s failure to seek treatment and follow medical advice. The case went to a jury trial and during plaintiffs’ closing argument, Dr. Slavin and his counsel came to the aid of a suddenly ill juror.

The plaintiffs moved for a mistrial the following morning, which the trial court denied. The trial court then entered judgment on the jury’s verdict in favor of Dr. Slavin and denied plaintiffs’ motion for a new trial. An appeal was taken in which the Illinois Appellate Court affirmed the entry of judgment in favor the defendant physicians.

The appeals panel wrote that the jurors have the opportunity to evaluate evidence and independently weigh credibility of witnesses and parties by the point in the trial where the juror became ill. Nothing in the record demonstrated that the verdict was the result of actual prejudice resulting in the denial of a fair trial.

Accordingly, the Illinois Appellate Court affirmed the verdict that the jury signed.

Gloria Tirado and Christian Tirado, Plenary Guardians of the Estate and Person of Gina Gutierrez, a disabled person, v. Konstantin Slavin, M.D. and Gerald Oh, M.D., 2019 IL App (1st) 181705 (Dec. 24, 2019).

Kreisman Law Offices has been handling medical negligence lawsuits, wrongful death cases, neurosurgery negligence lawsuits, orthopedic negligence cases and brain injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Winnetka, North Chicago, Lansing, Lemont, Rosemont, Richton Park, Glendale Heights, Elmwood Park, Chicago (Near West Side, Brighton Park, Back of the Yards, Hyde Park, Bronzeville, South Chicago, Douglas, Chinatown, Wicker Park, Portage Park, Albany Park, Forest Glen, Edison Park, North Park, Mayfair, Arcadia Terrace, Pulaski Park, West Ridge, Little India), Des Plaines, Glenview, Wilmette, Skokie, Lincolnshire, Schiller Park and Rolling Meadows, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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