Case Law Update: Medical Malpractice, Experts and Motions for New Trial

In Ruffin v. Boler, No. 1-06-3437 (June 25, 2008), the 1st div. (Garcia) affirmed, holding that the trial court erred when it granted new trial after jury returned verdict in favor of defendant. The subject matter of the trial was obstetrician malpractice. The court held that any error associated with purported improper cross examination of the plaintiff’s expert was corrected by trial court in its admonition to jury; and trial court properly allowed testimony of defense biomechanical engineering expert with regards to probability that natural force of labor, rather than excessive use of lateral traction caused damage to child’s shoulder during delivery.

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