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Case Law Update: Experts in Medical Malpractice (10-29-09)

Thorton v. Garcini, M.D., No. 107028 (10-29-09) affirmed that expert testimony is not required to prove negligent infliction of emotional distress. Based on personal experience alone, jury could reasonably find that circumstances caused emotional distress, when plaintiff’s deceased infant remained partially delivered for one hour ten minutes while plaintiff waited for defendant physician to arrive at hospital. This Illinois case will greatly impact medical malpractice law.