Personal Injury Law

Court Rules Judge Admitted Improper Evidence in Medical Malpractice Case

By Steven M. Levin and John J. Perconti

A state?s Supreme Court ruled that a circuit judge allowed improper evidence to be admitted in a medical malpractice case. The medical malpractice suit alleged that the victim suffered a pulmonary embolism as a result of physician malpractice. After the doctor did not respond to the complaint and summons, the judge entered a default judgment against her. At a subsequent damages hearing, the judge awarded the victim $500,000. The state Supreme Court later reversed the ruling on damages and ordered a new hearing. The doctor requested a jury trial, and the jury ruled in her favor. The victims appealed the decision, arguing that the judge should not have allowed the doctor to introduce evidence about the proximate cause of the victim?s medical problem because the question of the victim?s liability had already been resolved. The Supreme Court agreed with the victim and a new trial has been ordered. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on October 25, 2008 (boomark / email).