Bailey v. Mercy Hospital and Medical Center

Circuit court did not abuse its discretion nor deny Plaintiff a fair trial by refusing to issue a nonpattern jury instruction on loss of chance and a pattern jury instruction on informed consent in wrongful death and medical malpractice action. When a jury is properly instructed on proximate cause principles by IPI Civil No. 15.01, a separate nonpattern jury instruction on loss of chance is not needed to accurately instruct the jury. Court properly determined that a pattern jury instruction on informed consent was not required, as Plaintiff did not allege or present evidence supporting a claim of lack of informed consent. (A. BURKE, GARMAN, THEIS, NEVILLE, M. BURKE, and OVERSTREET, concurring.)