Personal Injury Law

Case Law Update: Motions in Limine in Medical Malpractice

By Steven M. Levin and John J. Perconti

Martinez v. Elias, No. 1-08-0265, (12-28-09) found that the court properly denied a motion in limine to bar evidence of financial motive to perform surgery, which plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon; proper to permit evidence of financial motive in limited and specific manner to address the issue of compliance with standard of care. Motion for new trial was properly denied, as evidence was sufficient for jury to have established requisite elements, including proximate cause based on testimony of plaintiff and admission of defense expert that surgery caused or contributed to pain after surgery. Remittitur for $100,000 in error, as treating physician testified that fee for necessary future surgery would be $55,000, plus one-week hospital stay and charges for radiology, anesthesiology, and physical therapy, and that testimony was sufficient to support jury's award of $100,000 for non-itemized future medical expenses. This case will have an effect on medical malpractice lawyers.

Full post as published by Illinois Medical Malpractice Blog on January 16, 2010 (boomark / email).