Smith v. Marvin, M.D.

              No. 3-06-0811
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Filed December 4, 2007
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2007
MARY P. SMITH, ) Appeal from the Circuit Court
) of the 12th Judicial Circuit
Plaintiff-Appellee. ) Will County, Illinois
)
v. )
) No. 03-L-517
JOY D. MARVIN, M.D. and )
SURGICAL CONSULTANTS OF )
JOLIET, LTD., ) Honorable
) James E. Garrison
Defendants-Appellants. ) Judge Presiding
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PRESIDING JUSTICE LYTTON delivered the Opinion of the court:
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Plaintiff, Mary P. Smith, sued defendants, Dr. Joy Marvin and
Surgical Consultants of Joliet, Ltd., for medical malpractice. In
the first count of her complaint, plaintiff alleged that Dr. Marvin
negligently performed surgery on her. The second count alleged
that Dr. Marvin did not properly advise plaintiff of the risks of
surgery. The jury found in favor of plaintiff on both counts and
awarded her $2 million in damages, including $1 million in lost
earnings. On appeal, defendants argue that (1) the trial court
erred in giving certain jury instructions, and (2) the evidence did
not support the jury's verdict on either count of plaintiff's
complaint or its award of lost earnings to plaintiff. We affirm.
BACKGROUND
In 2001, plaintiff consulted her primary care physician, Dr.
Robert Ireland, after she noticed a swollen area in her right
armpit. Dr. Ireland referred plaintiff to Dr. Marvin, who ordered