by Susan A. Wagener

In a recent decision, the Illinois Appellate Court First District held that a trial court’s failure to issue a loss of chance jury instruction denied the plaintiff a fair trial, and in so doing, reversed longstanding precedent that the Illinois Pattern Jury Instruction on proximate cause properly states the law in loss of chance medical malpractice cases. Bailey v. Mercy Hosp. & Med. Ctr., 2020 IL App (1st) 182702, ¶ 3. In doing so, the court found that the Illinois Pattern Jury Instruction on proximate cause does not distinctly inform the jury about loss of chance…

Continue Reading Plaintiffs Take A Chance: The Development of Nonpattern Jury Instructions on the Loss of Chance Doctrine