SARKA v. RUSH PRESBYTERIAN-ST. LUKE'S

Nos. 1-89-2145, 1-89-2173.

566 N.E.2d 301 (1990)

207 Ill. App.3d 587

152 Ill.Dec. 614

Saul SARKA, a minor, by and through Mary SARKA, his mother and next friend, Mary Sarka and Raymond Sarka, Plaintiffs-Appellants, v. RUSH-PRESBYTERIAN-ST. LUKE'S MEDICAL CENTER, a corporation and Glenn Geremiah, M.D., Defendants-Appellees. Saul SARKA, a minor, by and through Mary SARKA, his mother and next friend, Mary Sarka and Raymond Sarka, Plaintiffs-Appellants, v. Melvin GERBIE, M.D., Albert Gerbie, M.D., Michael R. Halpren, M.D., Drs. Reis, Gerbie, Gerbie, S.C., a corporation, Northwestern, Memorial Hospital, a corporation, Northwestern University, a corporation, Lawrence D. Podolsky, M.D., Alison Murray, M.B., B.S., Catherine Sundberg, R.N. and Joyce Nelson, R.N., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied February 5, 1991.


Attorney(s) appearing for the Case

Arnstein & Lehr, Chicago (Arthur L. Klein, Fredrick J. Entin, Miles J. Zaremski, Richard C. Gering, Steven H. Jesser, Associate Gen. Counsel, of counsel), for defendants-appellees.

David A. Novoselsky & Associates and O'Callaghan & Associates, P.C., Chicago (David A. Novoselsky and Joseph Michael O'Callaghan, of counsel), for plaintiffs-appellants.


Presiding Justice DiVITO delivered the opinion of the court:

In this medical malpractice action, plaintiff claims that due to the negligence of defendant hospital and pediatricians he suffers from injuries allegedly sustained during his birth. Contesting the claim, defendants seek to examine plaintiff. Pursuant to Supreme Court Rule 215 (87 Ill.2d R. 215), the trial court entered an order compelling plaintiff to submit to a physical examination including magnetic...

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