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Case Law Update: Expert in Medical Malpractice

Walsh v. Chez, Nos. 08-1006 & 08-1522 (10/21/09) was a medical malpractice action arising out of treatment of plaintiff’s autistic son. The District Court was found to have abused its discretion in dismissing plaintiffs’ lawsuit after finding that reports of plaintiffs’ two expert witnesses were insufficient with respect to establishing standard of care. Instant reports conformed to requirements of Rule 26(a)(2)(B) where experts opined that defendants’ abrupt discontinuation of prednisone was not consistent with relevant standard of care. Moreover said reports gave defendants enough information to give them opportunity to rebut experts’ opinions. Also, any flaws in experts’ reports went to weight of evidence as opposed to admissibility. This seventh circuit case will greatly impact Illinois medical malpractice law.