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MARCINIAK v. O'CONNOR

No. 80-2372.

102 Ill. App.3d 381 (1981)

430 N.E.2d 536

JOAN C. MARCINIAK et al., Plaintiffs-Appellants, v. JOSEPH S. O'CONNOR, M.D., Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 25, 1981.

Attorney(s) appearing for the Case

William J. Harte, Ltd., of Chicago (William J. Harte, of counsel), for appellants.

Michael J. Smith and Marc D. Ginsberg, both of Tenney & Bentley, of Chicago, for appellee.

Reversed and remanded.

JUSTICE LINN delivered the opinion of the court:

On February 2, 1979, plaintiffs, Joan Marciniak and her husband Eugene, filed suit against defendant, Joseph S. O'Connor, M.D., in the circuit court of Cook County. Count I of the complaint alleged that defendant negligently failed to diagnose and treat Joan Marciniak's breast cancer. In count II, Eugene Marciniak sought damages for loss of consortium. On May 16, 1980, defendant filed...

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