Illinois Appellate Court
Civil Court
Medical Malpractice
Parents filed medical negligence action after death of their 2-year-old daughter after her pacemaker replacement surgery; jury verdict for hospital. Court's determination that 13 pages of documents were privileged under Medical Studies Act was not against manifest weight of evidence. Court's non-IPI instruction, on reckless infliction of emotional distress, was properly given, as no civil IPI instruction defined that tort, and language in instruction was taken from Illinois Supreme Court's 1988 decision in McGrath v. Fahey, and instruction accurately stated the law and was neither misleading nor confusing. Plaintiffs did not suffer substantial prejudice from closing argument remark of dense counsel. (GORDON and REYES, concurring.)