The Illinois Supreme Court upheld a jury verdict in favor of the defendants in a medical malpractice case arising from an alleged misdiagnosis of a foot injury. The plaintiff, a type 1 diabetic, was treated multiple times for foot pain and diagnosed with cellulitis, but a fracture was not identified until a later podiatry visit. By that time, the injury had worsened, leading to multiple surgeries and the eventual below-the-knee amputation of the plaintiff’s left leg. The plaintiff claimed the physician’s failure to diagnose the fracture caused him to continue using the injured foot and suffer severe complications.
After a six-day trial, the jury returned a verdict for the defendants. During deliberations, one juror sent a note expressing a personal belief that the physician was negligent but stated they agreed to the defense verdict to conclude deliberations. The trial court denied the plaintiff’s motion for a mistrial, issued a supplemental instruction to the jury, and later polled all jurors, each of whom affirmed the verdict. Motions for a new trial and additional jury polling were also denied.
Both the appellate court and the Illinois Supreme Court found that the trial court acted within its discretion. The Supreme Court concluded there was no basis for a mistrial or further jury inquiry and affirmed the defense verdict.
The case is Schilling v. Quincy Physicians & Surgeons Clinic, S.C.
