Medical Malpractice Motion 6 - Plaintiff's Motion to Bar Reference to Expert Witness' past

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NOW COMES plaintiff, BRANDON JONES, by and through His Parents and Next Best Friends, DONALD JONES and GLADYS JONES, by and through his attorneys, DERATANY & CARDEN, and moves this Honorable Court to enter an Order in limine barring defendant, defense counsel, or any witness called by defendant from making any mention, reference, or allusion that any of plaintiff's expert witnesses, has or had been involved in a medical malpractice lawsuit or has paid any sum of money in settlement of a medical malpractice claim. In support thereof, plaintiff states as follows:

1. It is improper for defense counsel to ask plaintiff's expert witnesses in a medical malpractice action whether they have ever been named as a defendant in any medical malpractice action or whether there have been any sums of money paid by them or on their behalf in settlement of a medical malpractice claim made against them. Natasi v. United Mine Workers of America, 209 Ill.App.3d 830, 842-43, 153 Ill.Dec. 900, 909, 567 N.E.2d 1358, 1367 (5th Dist. 1991).

2. Relevant evidence is evidence tending to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would without the evidence. Wojick v. City of Chicago, 299 Ill.App. 3d 964, 971 (1st Dist. 1998). Clearly, evidence that any expert witness in this trial has been accused of medical malpractice has no bearing on the issues of this case. The only relevant issues with regard to expert testimony is the opinions and basis of each expert. Allowing defendants to explore completely unrelated issues would fundamentally prejudice plaintiff.

WHEREFORE, plaintiff, BRANDON JONES, a Minor, by and through DONALD JONES and GLADYS JONES, His Parents and Next Best Friends, respectfully request this Honorable Court issue an Order barring all parties from any mention, reference, or interrogation, either directly or indirectly, in the presence or hearing of the jury or during the course of this trial that any expert witness has been accused of medical malpractice.

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