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WINGER v. FRANCISCAN MEDICAL CENTER

No. 3-97-0680.

701 N.E.2d 813 (1998)

299 Ill. App.3d 364

233 Ill.Dec. 748

Herbert WINGER and Joyce Winger, Indiv., and as Co-adm'rs of the Estate of Nathan A. Winger, Deceased, Plaintiffs-Appellants, v. FRANCISCAN MEDICAL CENTER, and Danilo V. Domingo, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied November 18, 1998.

Attorney(s) appearing for the Case

Paul O'Malley (argued), Beth A. Miller, Paul R. O'Malley, Ltd., Chicago, for Herbert Winger and Joyce Winger.

Richard M. Batcher (argued), Jeffrey C. Kull, Bozeman, Neighbour, Patton & Noe, Moline, for Franciscan Medical Center.

Paul C. Estes, Hinshaw & Culbertson, Peoria, Bruce L. Carmen (argued), Robert M. Bennett, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, for Danilo V. Domingo.

Justice BRESLIN delivered the opinion of the court:

May a psychiatrist and hospital be held liable under the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 1996)) for the death of a patient when the patient committed suicide while in their care and custody but was not bereft of reason or insane at the time he took his own life? We believe the answer is yes, so long as the act of suicide is reasonably foreseeable and the defendants have breached the applicable...

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