HADDAD’S CIVIL TRIAL WEBBOOK

Judge William J. Haddad (Ret.)

Jury Instructions-IL > Medical Malpractice

How to Use these Instructions – Updated to 40 sets

Here are 40 sets of jury instructions selected from over 350 jury trials with verdicts from a few thousand dollars to $81 million. They are in WORD files for download, separation, and numbering. They are not presented as ironclad “law”, but rather to reflect the efforts of a jury trial judge and the highly skilled litigators who appeared in my courtroom in Chicago. They are offered for your use in the spirit of the camaraderie of our great profession.

• Res Ipsa Loquitor & Sole Proximate Cause Res Ipsa claim against surgical team and hospital with “defense” of sole proximate cause.
• Birth Deformity – Shoulder Dystocia – Defense Verdict  Sole Proximate Cause – Special Interrogatory – Claimed improper manual traction caused spinal nerve avulsion
• Birth Deformity – Shoulder Dystocia – Plaintiff Verdict  Moderate shoulder dystocia with excessive traction causes brachial plexus palsy and later deformities.
• Brain Damage to newborn  Delay of transfusion to treat critical bilirubin levels countered with “empty chair defense”. See instructions on “future loss of life expectancy” and “real time audio/visual simulcast”.
• Chiropractic Malpractice – Disc Herniation  Claim of traumatic disc herniation from manipulations upon a patient with a history of fusion surgeries without taking an x-ray.
• Delay of Diagnosis – Partial Amputation – 45 minute verdict for Defendant 
• Delayed Diagnosis Apparent Agency – Leg loss $2.4 million verdict  Hospital and medical staff liable for ER’s failure to timely diagnose & treat arterial occlusion. Special interrogatories on apparent agency and causation.
• Dental Malpractice – Tongue Cancer  Negligence/Informed Consent – Sole Proximate Cause – Special Interrogatory
• Failure to diagnose aneurysm – Wrongful Death  Claim that doctor did not order brain scan after patient had severe headaches while on anti-coagulants.