Sekerez v. Rush University Medical Center 

Patient who had been diagnosed with terminal leukemia, and later with bacterial pneumonia, on three occasions refused to consent to administration of Lovenox, and sued for medical battery for Lovenox having been administered against his express wishes. As evidence did not establish that a medical emergency existed to excuse lack of consent, directed verdict for Defendants on medical battery claims was error. Plaintiff's expert opined that deviation from standard of care in failing to calculate patient's creatine clearance prior to administering Lovenox was a proximate cause of patient's death from intracranial brain herorrhage. Thus, directed verdict for Defendants on medical negligence count was error. Plaintiff was deprived of fair trial due to several erroneous evidentiary rulings, including court limiting Plaintiff to presenting seven photographs in loss of society claim, and in refusing to allow slide show presentation. (PUCINSKI and STERBA, concurring.)