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PETROVICH v. SHARE HEALTH PLAN

No. 85726.

719 N.E.2d 756 (1999)

188 Ill.2d 17

241 Ill.Dec. 627

William PETROVICH, Adm'r of the Estate of Inga Petrovich, et al., Appellees, v. SHARE HEALTH PLAN OF ILLINOIS, INC., Appellant.

Supreme Court of Illinois.

September 30, 1999.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Peter A. Walsh, Joshua G. Vincent, Timothy G. Shelton, of counsel), for Appellant.

Robert J. Napleton, Motherway, Glenn & Napleton (Lynn D. Dowd, of counsel), Chicago, for Appellees.

Thaddeus J. Nodenski, Mark D. Deaton, Naperville, for amicus curiae Illinois Hospital & HealthSystems Association.

Robert S. Baker, Baker & Enright, Chicago, for amicus curiae Metropolitan Chicago Healthcare Council.

Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa (Michael T. Reagan, of counsel), for amicus curiae Illinois Association of Health Maintenance Organizations.

John L. Nisivaco, Terrence J. Lavin & Associates, Chicago, for amicus curiae Illinois Trial Lawyers Association.

Justice BILANDIC delivered the opinion of the court:

The plaintiff brought this medical malpractice action against a physician and others for their alleged negligence in failing to diagnose her oral cancer in a timely manner. The plaintiff also named her health maintenance organization (HMO) as a defendant. The central issue here is whether the plaintiff's HMO may be held vicariously liable for the negligence of its independent-contractor physicians under agency law...

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