Hemminger v. LeMay

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (3d) 120392
Decision Date: 
January 21, 2014
3d Dist.
Whiteside Co.
Reversed and remanded.
Court improperly granted Defendants' motion for directed verdict in medical malpractice action for failure to diagnose cervical cancer. Plaintiff's expert expressly connected survival rate statistics to Plaintiff's case by opining that Defendant's negligence caused decedent's chances for survival to decrease. Plaintiff presented sufficient evidence to survive motion for directed verdict Plaintiff was not required to show that physician's negligence actually deprived decedent of a better outcome, but only that negligence increased a risk of harm or a lost chance of recovery, i.e. that negligence deprived decedent of opportunity to undergo treatment that could have been more effective if given earlier, not that such treatment would have been effective.(O'BRIEN and SCHMIDT, concurring.)