Motion for New Medical Malpractice Trial Denied

A judge has denied a motion for a new trial in an Illinois medical malpractice case that ended in a verdict for the defense in April.

A doctor was found not negligent in the lawsuit that was brought by the family of a woman who died after seeking treatment for a sprained ankle in 2004. According to the plaintiff, the woman died of a pulmonary embolism caused by a blood clot, which developed due to immobility.

The plaintiff sought a new trial, claiming that testimony was unfairly introduced at trial. The plaintiff argued that testimony regarding conversations the doctor and his staff had with the patient before she died violated the “Dead Man’s Act.” The Dead Man’s Act refers to testimony that cannot be properly rebutted because it is about conversations in which the only other party is dead.

The plaintiff’s attorneys also claimed that a “surprise witness” was introduced by the defense.

In addition to denying the motion for a new trial, Judge Andreas Matoesian denied a motion by the defense for reimbursement of $44,642.52 in attorney’s fees and $3,383 in costs for depositions. Reimbursement was denied except for the costs of one deposition, totaling $847.50.

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