Personal Injury Law

Case Law Update: Wrongful Death in Medical Malpractice

By Steven M. Levin and John J. Perconti

Siwa v. Koch, No. 1-06-3552 (2-10-09), affirmed a decision which stated that the defendant, a radiologist, is entitled to summary judgment dismissing plaintiff's cause of action for wrongful death after plaintiff's decedent volunteered to participate in a test of new CT equipment and software at the hospital where he was employed and defendant, after accidentally coming across scan, repeatedly warned plaintiff's decedent to see a cardiologist immediately, and plaintiff's decedent suffered a fatal heart attack while playing basketball. Not only did plaintiff fail to show a physician patient relationship, he also failed to prove any proximate cause between the alleged failure to make a proper medical record and plaintiff's fatal heart attack. This decision will greatly impact both wrongful death suits and medical malpractice lawsuits.

Full post as published by Illinois Medical Malpractice Blog on February 20, 2009 (boomark / email).