June 28, 2011
IL: Med Mal Pattern Jury Instruction is Erroneous
The Illinois Supreme Court recently held that a pattern jury instruction in medical malpractice cases did not correctly state the law of Illinois. The court held the phrase "reasonably careful" allowed the jury to consider things other than expert testimony and evidence of professional standards and conduct in determining whether a physician has complied with the standard of care. The phrase also lacks any reference to a professional's knowledge, skill, and care or ability. The case is Studt v. Sherman Health Systems, and is available here.
Thanks to Mark Weber for the tip.
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