(Download) "Dolan v. Galluzzo" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Dolan v. Galluzzo
- Author : Supreme Court of Illinois
- Release Date : January 19, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The circuit court of Winnebago County permitted the plaintiff, Robert J. Dolan, and the defendant, Dr. M.A. Galluzzo, to take an interlocutory appeal from an order in limine. The appellate court affirmed (62 Ill. App.3d 832), and we granted the plaintiff leave to appeal (65 Ill.2d R. 315). The plaintiff brought a malpractice action against the defendant, a licensed podiatrist (Ill. Rev. Stat. 1973, ch. 91, par. 73 et seq.), for an allegedly negligent osteotomy (surgical cutting of a bone) performed on his left foot in 1974. The plaintiff also alleged the defendant failed to obtain his informed consent because the defendant had not indicated the possible complications of the osteotomy. Upon learning of the plaintiff's intention of having orthopedic surgeons testify and aware of significant disagreement between them and podiatrists, the defendant moved in limine to exclude all testimony by physicians and surgeons. The circuit court, after denying the first motion in limine and acting upon the second, ordered the plaintiff not to present the testimony of any physician and surgeon for the purpose of proving the standard of care a podiatrist owes a patient, or for the purpose of demonstrating that the failure of the defendant to inform the plaintiff of the reasonable [sic] foreseeable risks of the procedure * * * was or was not consistent with the standard of care owed by a podiatrist to a patient.
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