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Case Law Update: Jury Instructions in Medical Malpractice

Studt v. Sherman Health Systems, No. 2-07-0945 (12/23/04) affirmed a decision for a Medical malpractice verdict in favor of plaintiffs for failure to properly diagnose and treat wife’s appendicitis is not subject to reversal based on defendant, emergency room physician’s, challenge to “reasonably careful physician” and other language in IPI Civil (2006) 105.1. This case will have an effect on jury instructions in medical malpractice trials.