Failure to Raise Possible Drug Side Effects at Trial Prohibits Appeal Court from Considering Them
In In re Jeffers, 239 Ill. App. 3d 29, 36-37, 606 N.E.2d 727, 179 Ill. Dec. 895 (1992), a doctor testified that Haldol would decrease the respondent's delusions and hallucinations to make her more comfortable in providing for herself.
He further testified that the side effects could be countered by Cogentin. the reviewing court found this to be a sufficient factual basis that the benefits out weighed the harm. Jeffers, 239 Ill. App. 3d at 36.
The reviewing court explained that an expert opinion provides prima facie proof, especially in the absence of any challenge at trial. Jeffers, 239 Ill. App. 3d at 36.
The reviewing court further explained that because the respondent had failed to raise certain possible severe side effects at trial, the reviewing court would not now consider those side effects on appeal. Jeffers, 239 Ill. App. 3d at 37.