Cetera v. DiFilippo

Illinois Appellate Court
Civil Court
Medical Malpractice
Experts
Citation
Case Number: 
No. 1-09-0691
Decision Date: 
Wednesday, August 4, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
QUINN
Evidence on reprimand on physician expert's license, even though it did not restrict expert's medical license, was relevant to expert's qualifications and credibility, as reprimand was for failure to recognize hematuria in a patient and expert was testifying that Defendant negligently failed to diagnose and treat post-operative infection. Court properly gave long-form proximate cause jury instruction, where expert testified that others, who were no longer parties to litigation, may have been the sole cause of Plaintiff's injuries. IPI 15.01 properly states the law of lost chance in medical malpractice cases. (MURPHY and COLEMAN, concurring.)