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Article Excerpt
CASE ON POINT: Spaetzel v. Dillon, 2009-IL-1-08-0727 (8/7/2009)-IL
ISSUE: Do all errors by trial judges warrant new trials? No!
CASE FACTS: Irene Spaetzel and David Spaetzel filed a medical malpractice suit against Drs. Bruce Dillon, Daniel Douglas, Frederick Tolin, and Surgical Consultants of DuPage, Ltd. (defendants), who had performed surgery on Irene to repair a paraesophageal hernia. The Spaetzels alleged that the defendants were negligent in failing to timely order an esophogram during postoperative hospitalization and that the delay resulted in a delayed diagnosis, the need for a second surgery, and the removal of certain parts of Irene's body. After a jury trial, the jury returned a verdict in favor of the defendants and against the plaintiff's, finding that there was no negligence. The plaintiffs filed a postrial motion, which was denied. The plaintiffs appealed, alleging that...
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