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.
Summary Judgment in Med-Mal Case
- Fox Smith