Case Law Update: Experts in Medical Malpractice

Smith v. Pavlovich, No. 5-08-0256 (9-10-09) affirmed that the granting of motion in limine and directed verdicts as to Defendant advanced practice nurse were proper; the pediatrician was not qualified to testify as to standard of care for nurse as he was not licensed as advanced practice nurse; no other expert was offered; and the nurse herself testified that she met standard of care. The directed verdict was properly granted in favor of Defendant physicians as they were not involved in any medical decisions as to child who later died from bacterial meningitis, and thus owed no duty to the child. One Defendant physician’s answer to Complaint that he undertook to provide diagnosis, care, and treatment to child was insufficient, in context of allegations of Complaint, to be deemed judicial admission that physician-patient relationship existed at time of alleged acts of negligence. This Illinois case will impact medical malpractice cases.

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