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Case Law Update: Medical Malpractice Cases and Evidence

In Jones v. Rallos, No. 1-04-2979 Justice Quinn affirmed the trial court’s holding after reconsideration by order of the Illinois Supreme Court. The court reasoned that the trial court did not err when it denied defendant’s motion for directed verdict and motion for a new trial in medical malpractice claim. The plaintiff alleged that he suffered damages and changed his lifestyle as result of his doctor informing him that he tested positive for HIV, when the test was inconclusive and the doctor failed to order proper follow up testing. Further, the doctor presented insufficient evidence that she made a referral to plaintiff to withstand directed verdict on her affirmative defense of mitigation. Additionally, the trial court’s evidentiary rulings are not an abuse of discretion.