Plaintiff filed a lawsuit for medical malpractice alleging that defendants provided negligent treatment that caused nerve damage in plaintiff’s foot. A jury returned a verdict in favor of the defendants and plaintiff appealed. On appeal, plaintiff argued that the trial court erred because despite an in limine order barring evidence of informed consent or the argument that plaintiff had waived any claim of negligence, the jury was allowed to hear testimony regarding conversations with the plaintiff about known risks and complications. The appellate court affirmed, finding that under the circumstances of the case, the plaintiff failed to meet her burden of proving that she was substantially prejudiced by the admission of the evidence. (DOHERTY and GRISCHOW, concurring)
Illinois Appellate Court
Civil Court
Medical Malpractice