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SMITH v. MARVIN, M.D.

No. 3-06-0811.

880 N.E.2d 1023 (2007)

377 Ill. App.3d 562

Mary P. SMITH, Plaintiff-Appellee, v. JOY D. MARVIN, M.D. and Surgical Consultants of Joliet, Ltd., Defendants-Appellants.

Appellate Court of Illinois, Third District.

Rehearing Denied January 11, 2008.

Attorney(s) appearing for the Case

James K. Horstman (argued), Cray Huber Horstman Heil & VanAusdal LLC, Chicago, Martha Swatek, Adams Swatek, L.L.C., Geneva, for Joy D. Marvin M.D.

Michael T. Reagan (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, PC, Ottawa, William Kozol (argued), Rathbun, Czervenyak & Kozol, LLC, Joliet, for Mary P. Smith.

Presiding Justice LYTTON delivered the opinion of the court:

Plaintiff, Mary P. Smith, sued defendants, Dr. Joy Marvin and Surgical Consultants of Joliet, Ltd., for medical malpractice. In the first count of her complaint, plaintiff alleged that Dr. Marvin negligently performed surgery on her. The second count alleged that Dr. Marvin did not properly advise plaintiff of the risks of surgery. The jury found in favor of plaintiff on both counts and awarded her $2 million...

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