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Case Law Update: Judgment NOV and Medical Malpractice Lawsuits

In Johnson v. Loyola University Medical Center, No. 1-06-3222 the 4th division, Justice Murphy reversed the trial court, holding that the trial court erred when it allowed defendant’s motion for judgment NOV after verdict in favor of plaintiff as result of a trial for medical malpractice. The issue in the case was a claim that plaintiff’s decedent went into cardiac arrest after being placed in hospital bed without telemetry monitoring. Even though he was not able to testify with regards to efficacy of cardiac catheterization and bypass surgery, pulmonary and emergency care physician expert that continuous telemetry monitoring would have increased potential for successful intervention and reduced risk of brain damage from lack of oxygen of plaintiff’s decedent, is sufficient to meet plaintiff’s burden of proof on proximate cause.