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    • Admiralty and Maritime
    • Class Action and Multi-District Litigation
    • Commercial Law
    • Drug and Medical Device Litigation
    • Electronic Discovery
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Summary Judgment in Med-Mal Case

  • Fox Smith
  • September 1, 2015

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.

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