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AGUILERA v. MT. SINAI HOSP. MED. CENTER

No. 1-94-1893.

668 N.E.2d 94 (1996)

282 Ill. App.3d 363

217 Ill.Dec. 909

Hilda AGUILERA, individually and as Special Administratrix of the Estate of Salvador Aguilera, deceased, and as mother and next friend of Leticia Aguilera and Salvador Aguilera, Jr., Minors, Plaintiff-Appellant, v. MT. SINAI HOSPITAL MEDICAL CENTER, Dr. Karen Cervenka, and Dr. Norman Kohn, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 27, 1996.

Attorney(s) appearing for the Case

Robert A. Holstein and David L. Poindexter of Holstein, Mack & Klein, Chicago, for Appellant.

Lord, Bissell & Brook, Chicago (Hugh C. Griffin, Diane I. Jennings, Leslie J. Rosen and Stephanie A. Burris, of counsel), for Appellee Mt. Sinai Hospital.

French, Kezelis & Kominiarek, P.C., Chicago (Randall J. Gudmundson, Michael R. Webber and Julie A. Neidhardt, of counsel), for Appellee Norman Kohn.

Justice CAHILL delivered the opinion of the court:

We review an action for survival and wrongful death based upon medical malpractice. The jury found for the plaintiff and awarded substantial damages. The trial court entered judgment notwithstanding the verdict, finding "that no reasonable fact finder could conclude that the death of the * * * decedent was proximately caused by the failure * * * to conduct a CT scan * * * in a more timely fashion." Plaintiff appealed...

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