Bailey v. Mercy Hospital and Medical Center

Summary

The Illinois Supreme Court held that the trial court did not abuse its discretion by refusing a separate nonpattern instruction on loss of chance because the pattern proximate-cause instruction adequately encompassed that concept. It also held that an informed-consent instruction was unwarranted because the plaintiff neither alleged nor presented evidence that Jill consented to a treatment without adequate disclosure or was injured by that treatment. The court therefore reversed the appellate court insofar as it ordered a new trial and affirmed the circuit court's judgment in its entirety.