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WILLABY v. BENDERSKY

No. 1-04-1311.

891 N.E.2d 509 (2008)

Mary WILLABY, Plaintiff-Appellant, v. Clara BENDERSKY, Hasmukh Patel, and Westlake Community Hospital, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

June 25, 2008.

Attorney(s) appearing for the Case

Michael C. Goode, Chicago, IL, for Plaintiff-Appellant.

Edward M. Kay, Richard L. Murphy, Paula M. Carstensen, Clausen Miller, P.C., Chicago, IL, for Defendant-Appellee, Hasmukh Patel, M.D.

Mark J. Lura, Diane I. Jennings, Anderson, Rasor & Partners, LLP, Chicago, IL, for Defendants-Appellees, Clara Bendersky, M.D. and Westlake Community Hospital.

Justice GARCIA delivered the opinion of the court.

Mary Willaby, filed suit against Dr. Clara Bendersky, Dr. Hasmukh Patel, and Westlake Community Hospital, alleging medical negligence. A laparotomy sponge was left in Willaby's abdomen following surgery to repair an evisceration that occurred subsequent to a hysterectomy. The matter proceeded to a jury trial. At the close of all of the evidence, the trial court granted Westlake's motion for a directed verdict, and...

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