Sharbono v. Hilborn

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (3d) 120597
Decision Date: 
January 21, 2014
3d Dist.
LaSalle Co.
Reversed and remanded.
Medical malpractice action for failure to diagnose breast cancer; jury verdict for Defendant radiologist. Court erred in allowing defense to present PowerPoint presentation as demonstrative evidence during Defendant's trial testimony. Use of PowerPoint went well beyond educating jury about evaluation of breast lesions, which was subject of testimony of three experts., and was highly prejudicial as it went to main focus of malpractice claim, and was not sufficiently timely disclosed per Rule 213; and it was never established that learned treatise, from which diagrams and images on PowerPoint were taken, was a reliable authority. (McDADE and SCHMIDT, concurring.)