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BREWSTER v. RUSH-PRESBYTERIAN-ST. LUKE'S

No. 1-03-3192.

836 N.E.2d 635 (2005)

361 Ill. App.3d 32

296 Ill.Dec. 884

Robert BREWSTER, Guardian of the Estate of Heather Brewster, Disabled, Plaintiff-Appellant, v. RUSH-PRESBYTERIAN-ST. LUKE'S MEDICAL CENTER, Defendant-Appellee (Sook Im Hong, Defendant).

Appellate Court of Illinois, First District, First Division.

September 19, 2005.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago (Kevin J. Conway, Michael W. Rathsack, of counsel), for Appellant.

Christopher Hull, Associate Counsel of Committee of Interns and Residents, New York, NY, for amicus Committee of Interns.

George F. Galland, Jr., Rebecca D. Onie, of Miner, Barnhill & Galland, P.C., Chicago, for Appellee.

Richard A. Devine, State's Attorney, Cook County, Patrick T. Driscoll, Jr., Deputy State's Attorney Chief, Civil Actions Bureau, Chicago (Helen Haynes, Frank J. Oles, Assistant State's Attorneys, of counsel), for Amicus County of Cook.

Thaddeus J. Nodzenski, Mark D. Deaton, of Illinois Hospital Association, Naperville, for Amicus the Illinois Hospital Association.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiff appeals a trial court order holding a hospital not liable for an injury caused by its off-duty resident doctor. The novel issue we address is whether a hospital may owe a duty to a plaintiff injured by an off-duty resident doctor allegedly suffering from sleep deprivation as a result of the hospital's policy on working hours. We do not believe the duty exists under current Illinois law and so affirm...

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