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SPAETZEL v. DILLON

No. 1-08-0727.

914 N.E.2d 532 (2009)

Irene SPAETZEL and David Spaetzel, Plaintiffs-Appellants, v. Bruce DILLON, Daniel Douglas, Surgical Consultants of DuPage, Ltd., and Frederick Tolin, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

August 7, 2009.

Attorney(s) appearing for the Case

Michael B. Gunzburg, Law Offices of Michael B. Gunzburg, Chicago, IL, for Appellant.

James K. Horstman, Daniel L. Cray, and Jonathan L. Schwartz, Cray Huber Horstman & Vanausdal, LLC, William F. Cunningham, Spyridon J. Demakis, Robert L. Larsen, Cunningham, Meyer & Vedrine, P.C., Chicago, IL, for Appellee.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiffs Irene and David Spaetzel filed a medical malpractice action against Bruce Dillon, Daniel Douglas, Frederick Tolin, and Surgical Consultants of DuPage, Ltd. (defendants), who had performed surgery on Irene to repair a paraesophageal hernia. Plaintiffs claimed that defendants were negligent in failing to timely order an esophogram during postoperative hospitalization and that such delay...

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