Wrongful death and survival action raising medical malpractice claims as to a woman who died from metastatic pelvic abdominal cancer about 7 months after she gave birth to twins by caesarean section. Jury verdict for Plaintiff against OB-GYN and his medical practice for $25 million, but against Plaintiff and for Defendants hospital and radiologist. Court's failure to modify jury instruction 105.10 as requested by Plaintiff, was reversible error. There was a significant probability that the jury would give improper weight to what decedent knew and to evidence that ultrasound was interpreted by radiologist. Court erred by not allowing radiologist's Rule 213(f)(3) discovery disclosure to be used in cross-examining him at trial. Court abused its discretion and erred by not allowing Plaintiff's counsel to cross-examine radiologist about the ACR practice guideline that, if there is a prior exam of the same body part, a radiologist should compare the current exam with the prior exam if available. (MIKVA, concurring; CONNORS, dissenting.)
Illinois Appellate Court
Civil Court
Medical Malpractice