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Case Law Update: Motions in Limine in Medical Malpractice

Pavnica v. Veguilla (No. 3-09-0065) is a third district case which affirmed that a medical malpractice action filed against two ER physicians, claiming negligence in their choice of certain antibiotic to treat toe infection of diabetic patient; verdict for Defendants. Defendants’ experts refuted Plaintiff’s experts as to standard of care and causation, thus evidence did not so overwhelmingly favor Plaintiffs that jury verdict cannot stand. Court properly denied motion in limine which sought to exclude physicians’ testimony as to their military service. Even though military service as physician in Iraq occurred after his treatment of Plaintiff, it was experience relevant to his qualification as expert at trial; and reference to military service was limited, and nature and timing of service was described. This Illinois case will impact medical malpractice law.