Aguilera v. Mount Sinai Hospital Medical Center

We revisit, at the direction of our supreme court, an action for survival and wrongful death based on medical malpractice. The jury found for plaintiff and awarded substantial damages. The trial court entered judgment notwithstanding the verdict, finding "that no reasonable fact finder could conclude that the death of the *** decedent was proximately caused by the failure *** to conduct a CT scan *** in a more timely fashion.” Plaintiff appealed.

In Aguilera v. Mt. Sinai Hospital Medical Center, 282 Ill. App. 3d 363, 668 N.E.2d 94 (1996), we affirmed the trial court’s judgment notwithstanding…