Professional Negligence – Medical in Illinois

What Is Professional Medical Negligence?

Background

“In a medical malpractice action, plaintiff must show, through expert testimony, the standard of care applicable to the defendant physician and the failure of defendant to conform to the standard.” (See Weekly v. Solomon (1987) 156 Ill. App. 3d 1011, 1014-15.)

“The proponent of an expert's testimony must lay a foundation which affirmatively establishes the expert's qualifications and competency to testify.” (See id.)

General Information for Complaints and Motions

“The elements of a cause of action for medical malpractice are well established.” (See Addison v. Whittenberg (1988) 124 Ill. 2d 287, 297.)

“To prevail, a malpractice plaintiff must prove the proper standard of care against which the defendant physician's conduct is measured; an unskilled or negligent failure to comply with the applicable standard; and a resulting injury proximately caused by the physician's want of skill or care.” (See id.)

“Because laypersons normally are not qualified to evaluate professional medical conduct, this court has stated that a plaintiff generally must present expert testimony to establish the elements of the cause of action; exceptions to the requirement of expert testimony have been found in cases in which the treatment is so common, or the act so grossly negligent, that a layman would be able to make a proper evaluation of the challenged conduct in the light of his own fund of experience and knowledge.” (See id.)

“Also, this court has held that certain professional guides may serve the same purpose as expert testimony.” (See id.)

Standard of Review and Burdens of Proof

“The standard for review on a trial court's granting of summary judgment is de novo.” (See American Standard Insurance Co. v. Gnojewski (2001) 319 Ill. App. 3d 970, 975.)

“The reviewing court must examine the affidavits, pleadings, admissions, and depositions on file, and it should construe the evidence against the moving party.” (See id.)

“A summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law.” (See id.)

The Court’s Decisions

It is well settled that in a medical malpractice claim the plaintiff must prove that “the doctor was unskillful or negligent and that his want of skill or care caused the injury to the plaintiff.” (See Banks v. Climaco (1996) 283 Ill. App. 3d 842, 852.)

It is also well settled that in a medical malpractice case “the defendant must produce evidence that the sole proximate cause of the plaintiff's injury was something other than the defendant's conduct.” (See Banks v. Climaco (1996) 283 Ill. App. 3d 842, 852.)

Documents for Professional Negligence – Medical in Illinois

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Gloria Prorwicz -vs- Michael Logan,Advocate Health Care Network,Advocate Health and Hospitals Corporation,DuPage Emergency Physicians Convenient Care, LLC document preview

Mal-Practice Complaint Filed (Jury Demand) - Complaint at Law

10 pages

Law Division Motion Section Initial Case Management Dates for 4@2-Pes ses BKYD,E,FH.R.X,Z) will be heard In Person. All other Law Division Initial Case Management Dates will be heard via Zoom For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906A Stent @pl#64826 Court Date: 9/24/2024 9:30 AM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS …

Case Name Gloria Prorwicz -vs- Michael Logan,Advocate Health Care Network,Advocate H…