Newell v. Corres

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

In an action for medical malpractice, the circuit court directed a verdict as to liability in plaintiff’s favor, upon which a comparative negligence verdict favoring plaintiff was reached. Judgment was entered and defendant appeals.

Defendant raises as issues whether: he is entitled to judgment n.o.v. or a new trial based upon evidence relating to proximate cause; and plaintiff’s alleged refusal to submit to the accepted medical treatment for his jaw fracture is a circumstance affecting the applicable standard of care.

At trial,…