News & Analysis as of

Proximate Cause Appellate Courts

Mitchell, Williams, Selig, Gates & Woodyard,...

Court of Appeals Distinguishes Between Possible and Probable Causes, Affirming Directed Verdict in Products Liability Case

The Arkansas Court of Appeals recently emphasized that a plaintiff must put on evidence during her case-in-chief to eliminate other causes that may fairly arise from the evidence. Otherwise, there is no question for the jury...more

White and Williams LLP

No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor...

Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel, that non-settling...more

Hinshaw & Culbertson - Health Care

Trial Court Erred in Refusing Non-Pattern Loss of Chance Instruction: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must a physician obtain informed consent to discharge? Is the long-form proximate cause instruction sufficient in "loss of chance" theory cases? Jill M. Bailey, Individually and as Independent Representative of the Estate...more

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more

Hinshaw & Culbertson - Health Care

Dispositive Motions Should Proceed Only After Expert Discovery Completed: Hinshaw's Annual Guide to Key Illinois Medical...

What is the appropriate time for filing a dispositive motion in medical malpractice actions? Schicheng Guo, as Special Administrator of the Estate of Shinqian Bao, deceased v. International Teleradiology, LLC, Swedish...more

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