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NEADE v. PORTES

No. 87445.

739 N.E.2d 496 (2000)

193 Ill.2d 433

250 Ill.Dec. 733

Therese NEADE, as Independent Adm'r of the Estate of Anthony Robert Neade, Deceased, Appellee, v. Steven PORTES et al., Appellants.

Supreme Court of Illinois.

October 26, 2000.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, of Chicago (Michael F. Henrick, Stephen R. Swofford and Timothy G. Shelton, of counsel), for appellants.

Robert J. Hauser, of Sullivan, Smith, Hauser & Noonan, Ltd., of Waukegan, for appellee.

Michael L. Ile, Anne M. Murphy and Leonard Nelson, of Chicago, for amicus curiae American Medical Association.

Saul J. Morse and Robert John Kane, of Springfield, for amicus curiae Illinois State Medical Society.

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

Justice McMORROW delivered the opinion of the court:

Plaintiff filed a three-count complaint in the circuit court of Lake County, two counts of which were directed against defendants Steven Portes and Primary Care Family Center. In count I, plaintiff alleged that defendants were liable for medical negligence, and in count II, plaintiff charged defendants with a breach of fiduciary duty. The principal issue in this appeal is whether, in a complaint alleging medical...

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