WHITLEY v. LUTHERAN HOSPITAL

No. 78-330.

73 Ill. App.3d 763 (1979)

392 N.E.2d 729

JOE L. WHITLEY, Plaintiff-Appellee, v. LUTHERAN HOSPITAL et al., Defendants. — (E.D. LARDNER, M.D., Respondent-Appellant.)

Appellate Court of Illinois — Third District.

Rehearing denied August 15, 1979.


Attorney(s) appearing for the Case

John V. Patton and John W. Robertson, both of Bozeman, Neighbour, Patton and Noe, of Moline, for appellant.

Goldberg and Goldberg, of Chicago, for appellee.


Judgment affirmed and cause remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This case is on an interlocutory appeal certified to this court pursuant to Supreme Court Rule 308. At issue is the interpretation of a new section of the Civil Practice Act, specifically section 21.1. The text of the section follows:

"The plaintiff in any action based on an allegation of negligence in the performance of health care services may designate as...

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