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Case Law Update: Detection in Medical Malpractice

Bosco v. Janowitz, No. 1-07-0617 (2-10-09), is an Illinois First District decision which affirmed that in the medical malpractice trial of defendant, physicians, for failure to set up and follow proper cancer detection and prevention plan after plaintiff’s decedent was diagnosed with ulcerated colitis, evidence presented by defense that defendants did not breach standard of care at time of alleged malpractice is sufficient to withstand motion for judgment nov after jury verdict in favor of defendants. Further, it was not error to submit long version of IPI 12.04 and 12.05 based on evidence that sole proximate cause of plaintiff’s death was the malpractice of the surgeon who perforated decedent’s colon. In addition, it was not error to allow evidence that plaintiff’s decedent failed to up with testing when requested to do so. This decision will greatly impact medical malpractice cases.