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Did Pt.'s failure to ask jury for specific findings nix new trial order?

Publication: Medical Law's Regan Report
Publication Date: 01-APR-09
Format: Online
Delivery: Immediate Online Access
Full Article Title: Did Pt.'s failure to ask jury for specific findings nix new trial order?(Medical Law Case of the Month)

Article Excerpt
CASE ON POINT: Tabe v. Ausman, 2009-IL-0219.343 (2/9/2009) -IL

CASE FACTS: On June 23, 2000, Drs. James Ausman, Ben Roitberg and Tamir Hersonkey performed a laminectomy procedure on Henry Tabe. The laminectomy involved placing a liar graft into the patient's spinal area to alleviate his chronic back pain. The procedure did not have the desired outcome, leaving the patient with motor and sensory deficits. The patient sued the three surgeons who performed the operation at the University of Illinois Hospital in Chicago. Their respective specialities and titles were as fellows: Dr. Ausman, a neurosurgeon, Dr. Roitberg, the chief hospital resident at the time of the surgery, and Dr. Hersonkey, a second-year resident at the time of the surgery. The suit...

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