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COLLINS v. LAKE FOREST HOSP.

No. 97375.

821 N.E.2d 316 (2004)

213 Ill.2d 234

290 Ill.Dec. 265

Andrea COLLINS, Indiv. and as Special Adm'r of the Estate of Joseph J. Collins, Jr., Deceased, et al., Appellees, v. LAKE FOREST HOSPITAL et al. (Lake Forest Hospital, Appellant).

Supreme Court of Illinois.

December 2, 2004.

Attorney(s) appearing for the Case

Cassiday, Schade & Gloor, L.L.P., Chicago (Marc F. Benjoya, John J. Reid, Donald F. Ivansek, Brian Albert Schroeder, of counsel), for appellant.

Lawrence J. Griffin, of Eugene L. Griffin & Associates, Ltd., Chicago, for appellees.

Justice KILBRIDE delivered the opinion of the court:

The limited issue on appeal before this court is whether the defendant Lake Forest Hospital (hospital) had a duty to inquire into the availability of a surrogate decisionmaker and implement the surrogate's treatment decisions under the Health Care Surrogate Act (Act) (755 ILCS 40/1 et seq. (West 2000)). The circuit court of Lake County dismissed the amended complaint against the hospital filed by the decedent...

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