Case Law Update: Jury Instruction in Medical Malpractice

Studt v. Sherman Health Systems, No. 108182, presented the question of whether in an instant medical malpractice action as to whether trial court properly gave jury instruction 2006 IPI 105.01, which advised jury that in determining whether defendant’s emergency room physicians violated applicable standard of care, jury could properly consider, among other things, evidence of by-laws, rules, regulations, policies and procedures, and other evidence presented in instant case. Appellate Court found that 2006IPI 105.01 was accurate statement of law, while defendant argued that said instruction improperly eliminated distinction between professional and institutional negligence. This case will greatly impact medical malpractice lawsuits.

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