Hanks v. Cotler

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2011 IL App (1st) 101088 FOURTH DIVISION September 29, 2011 No. 1-10-1088 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. ) Appeal from the Circuit Court of Cook County. No. 08 L 9056 Honorable Thomas P. Quinn, Judge Presiding. PRESIDING JUSTICE LAVIN delivered the judgment of the court, with opinion. Justices Pucinski and Sterba concurred in the judgment and opinion OPINION ΒΆ1 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 cause of the patient's complaints. That procedure was, to say the least,