Posted on

Summary Judgment in Med-Mal Case

Richard Korn and Mike Donelson recently obtained summary judgment in favor of their physician client and his practice group in a medical malpractice case where the plaintiff claimed she sustained an injury to her ureter during the course of a colostomy takedown procedure performed in August 2008.  After first disclosing a standard of care liability expert from Chicago, Plaintiff’s counsel later decided to withdraw that expert and pursue the case under a res ipsa loquitur theory asserting that a “transected ureter” is the type of injury that does not occur in the absence of negligence.  Richard and Mike thereafter filed a motion for summary judgment arguing that, under Illinois law, expert testimony was required in the case, even if the plaintiff intended to proceed under a res ipsa theory only.  After the motion was fully briefed and argued, the trial court agreed and granted summary judgment in favor of Richard and Mike’s clients.