Appellate Victory: Court Upholds Ruling That Doctor Was Not Qualified As Expert Witness

L&G Law Group appellate attorneys Mehreen S. Sherwani and Joan K. Kubalanza (now serving as a judge in the Circuit Court) successfully defended the dismissal of a primary care physician on appeal before the First District Court Appellate Court. In a split decision, the appellate court affirmed the Circuit Court’s grant of a motion in limine brought by the co-defendant surgeon, seeking to prevent Plaintiff’s expert from testifying that the surgeon violated the standard of care when he chose not to perform a biopsy on Plaintiff’s swollen lymph nodes. In affirming the judgment, the appellate court held that Plaintiff’s expert was properly barred from testifying that there was a causal connection between the defendants’ alleged failure to timely diagnose Plaintiff’s lymphoma and her subsequent development of ovarian cancer.

Trial attorneys Mark J. Smith and Scott R. Wolfe successfully defended this case in the Circuit Court of Cook County before Judge Carol Pearce McCarthy. Ms. Sherwani drafted the appellate brief and Mr. Wolfe argued the case before the appellate court. When asked by the Chicago Daily Law Bulletin about the appellate ruling, Mr. Smith stated that it “echoes existing case law.” To view the entire Law Bulletin article click here.