HANKS v. COTLER

No. 1-10-1088.

959 N.E.2d 728 (2011)

355 Ill. Dec. 314

Phillips HANKS, Individually and as Next Friend of Cammeren Tyler Hanks, Collier Phillip Hanks, and Christian Nathaniel Hanks, Minors, Plaintiffs-Appellants, v. Scott COTLER, Individually and as Agent of Rush University Medical Center; Syed Zaidi, Individually and as Agent of Rush University Medical Center; Rush University Medical Center; Hugh M. O'Neill, Individually and a Agent of Family Practice Health Care; Ajay Bajaj, Individually and as Agent of Midwest Gastroenterology Associates, Ltd.; Thomas J. Layden; Thelma Wiley-Lucas, Individually and as Agent of Rush University Medical Center; and Allyson Hanks, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied October 11, 2011.


Attorney(s) appearing for the Case

Robert A. Holstein , Holstein Law Offices, LLC, Chicago, IL, for Plaintiffs-Appellants.

Scott L. Howie , Migeul A. Ruiz , Suzanne M. Crowley , Pretzel & Stouffer Chartered, Chicago, IL, for Defendants-Appellees Family Practice Health Care P.C., and Hugh M. O'Neill.

Sherry A. Mundorff , Laura J. Young , Kominiarek Bresler Harvick & Gunmundson LLC, Chicago, IL, for Thomas J. Layden and Thelma Wiley-Lucas.

Jennifer L. Medenwald , Roger Littman , Querrey & Harrow, Ltd., Chicago, for Defendants-Appellees Ajay Bajaj and Midwest Gastroenterology Associates, Ltd.

Mary Ellen Busch , Laura J. Ginett , Anderson, Rasor & Partners LLP, Chicago, IL, for Defendants-Appellees Scott Cotler, Thelma Wiley-Lucas, Syed Zaidi, and Rush University Medical Center.


OPINION

Presiding JUSTICE LAVIN delivered the judgment of the court, with opinion.

¶ 1 Phillip Hanks, the appellant, sought medical treatment for various physical symptoms in 2002. Early test results suggested the possible diagnosis of hepatitis C. His care providers performed, among other procedures, an endoscopic diagnostic procedure called an ERCP (endoscopic retrograde cholangiopancreatography), which was designed to aid doctors in determining the...

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