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Case Law Update: Expert Evidence in Medical Malpractice

Hardy v. Codero, No. 3-09-0109 (4-8-10) affirmed a medical malpractice case against oncology nurse, as to administration of IV chemotherapy, proceeded to jury trial 10 months after filing, with verdict for Defendant. Defendant nurse’s testimony refuted Plaintiff’s expert’s assertion as to breach of standard of care, thus question of fact to be resolved by jury, rather than directed verdict or judgment n.o.v. Not error for court to have excluded testimony of occurrence witness nurse as to what she personally would have done. This Illinois case will affect medical malpractice law.