Krista Frick Wins Favorable Decision for Healthcare Providers in Medical Malpractice Appeal

October 2020

In a recent medical malpractice appeal, Krista Frick secured a victory for a Chicago hospital and various healthcare providers, successfully refuting claims that the trial judge coerced a holdout juror into changing her vote instead of declaring a mistrial during the lower court proceeding.

The case involved a patient who arrived at Chicago’s Advocate Trinity Hospital complaining of chest pain and shortness of breath, ultimately passing away at the hospital a day later. The plaintiff, on behalf of her husband’s estate, brought medical negligence claims against the hospital and several of its physicians, alleging that the physicians delayed in diagnosing and treating the patient’s conditions that turned fatal. The jury returned with a verdict in favor of all defendants. During the trial court’s polling of the jury, one juror advised the court that although she signed the verdict form in favor of defendants, it was not her verdict. The trial court followed well-settled Illinois law and provided the jurors with clean verdict forms and instructed them to continue deliberations to see if they were able to reach a unanimous verdict. The jury continued deliberations and returned again with a verdict in favor of all defendants. The trial court re-polled the jury, all jurors affirmed their verdict in favor of defendants, and the trial court entered judgment on the jury’s verdict.

The plaintiff filed an appeal in August 2019 in which she claimed that the trial court coerced the juror to change her verdict to join the majority. Plaintiff asserted that the court erred by not granting a mistrial, and by not conducing further questioning of the juror. Krista defended the trial court’s rulings and the jury’s verdict. In doing so, Krista argued that that the trial court’s procedure and rulings were proper, and that the plaintiff waived the majority of her appellate arguments by failing to requisite case law and record citations. The court rejected the plaintiff’s arguments, held that the trial court’s rulings and procedure were proper and within its discretion, and affirmed the trial court’s entry of judgment in favor of all defendants.

Read more on the decision here.

Krista’s practice focuses on the defense of hospitals, physician groups, long-term care facilities, assisted living facilities, community integrated living arrangements (CILA), and individual healthcare providers. In addition to litigation, Krista’s practice includes insurance coverage and appeals. Krista’s appellate and insurance coverage experience enables her to provide clients with unique, thorough and comprehensive opinions as to the many trial issues, theories, defenses, and arguments inherent in the litigation and trial process.