Appellate Court of Illinois

Judgment for the plaintiff in a malpractice action arising from coronary bypass surgery which resulted in a postoperative would infection which ultimately led to the removal of plaintiff's sternum is reversed and remanded where: 1) the only expert offered by the plaintiff to testify regarding the standard of care for non-physician employees of the defendant was not qualified to render such an opinion; 2) the jury's verdict was against the manifest weight of the evidence because there was no competent testimony regarding the standard of care; and 3) the trial court abused its discretion by denying defendant's motion for a new trial.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• Presiding Justice THEIS delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellees:
  
• Francis R. Petrek, Jr., Krista R. Frick, Bollinger, Ruberry & Garvey, Chicago, for Defendant-Appellant., David A. Axelrod, Stacey L. Leinheiser, Chicago, for Plaintiff-Appellee.