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Case Law Update: Medical Malpractice in Delivery Room

In Thornton v. Garcini, M. D., No. 3-07-0326 (May 16, 2008) Will County (CARTER), the Third District affirmed the trial court’s holding that the Plaintiff was not required to present any expert testimony with regards to her claim for negligent infliction of emotional distress as result of defendant, doctor, leaving her to remain in delivery room with dead infant half delivered for more than an hour.

Further, because single recovery rule was not raised in trial court, and because there was no testimony with regards to how the settlement between plaintiff and nurses and hospital for medical malpractice was apportioned, defendant, doctor, is not entitled to any set off from prior settlement.