Non-pattern instruction OK’d for ‘loss of chance’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 16, 2020 11:23 AM

Illinois precedent supported a Cook County judge’s decision to reject Jill Bailey’s request for a non-pattern jury instruction on “loss of chance” in a medical malpractice case where Bailey alleged that Jill Milton-Hampton died because of a delay in diagnosing her as suffering from sepsis or toxic shock syndrome when she twice went to the emergency room at Mercy Hospital in Chicago. Based on Cetera v. DiFilippo, 404 Ill. App. 3d 20 (2010), the judge was justified in concluding that the long-form version of the pattern …

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