Illinois Appellate Court
Civil Court
Medical Malpractice
Plaintiff filed medical malpractice action alleging that Defendants were negligent in failing to diagnosis him with sepsis and in doing incision and drainage as outpatient without first administering IV fluids and antibiotics, resulting in a below the knee amputation of both legs. Jury verdict for Defendants. Defense counsel's commentary in closing argument was not a pure misstatement of the evidence, but was a misstatement that evidence testified to by defense expert was "unrefuted". Remarks were a minor error and did not prejudice Plaintiff. No prejudice to Plaintiff in defense expert testifying as to incision and drainage procedure he had done on his own daughter. (GORDON and LAMPKIN, concurring.)