McMillen v. Carlinville Area Hospital

PRESIDING JUSTICE WEBBER

delivered the opinion of the court:

This appeal presents another facet in a rapidly developing area of the law: the application of the doctrine of res ipsa loquitur to cases of medical malpractice.

The cause was tried to a jury in the circuit court of Macoupin County on a two-count complaint sounding in malpractice; count I alleged a theory of res ipsa loquitur (hereinafter for convenience RIL), and count II alleged ordinary negligence. At the conclusion of the plaintiffs evidence the trial court directed a verdict in favor of the defendant on the RIL count; the jury…