Bishop v. Tri-County Radiologists, Ltd.

Full title: VIRGINIA BISHOP, Adm’r of the Estate of Ray Bishop, Deceased…

Court: Appellate Court of Illinois, Third District. Judgment affirmed

Date published: Jul 18, 1995

Facts

The plaintiff, Virginia Bishop, as an administrator of the estate of Ray Bishop, sought damages from the defendant, Tri-County Radiologists, Ltd., for its alleged negligence in causing Ray Bishop to lose a chance of surviving lung cancer. The circuit court dismissed the plaintiff’s amended complaint for failure to state a cause of action. We affirm.

The plaintiff’s amended complaint alleges the following facts:. The defendant, through one of its doctors, X-rayed Ray Bishop’s lungs in July 1991. The defendant misread the X-ray at that time and consequently failed to diagnose the presence of lung cancer. By the time the cancer was discovered in November 1991, it had progressed to a point where it was inoperable. Bishop died from lung cancer in June 1992.

The complaint further alleged that there was a 10% to 20% chance that Bishop’s cancer was in stage I or stage II of its progression in July 1991. If the cancer was in stage I or stage II at that time, then it would have been operable, and with proper treatment, Bishop would have had a 40% to 50% chance of surviving for at least five years.

Issue

Decision

For the foregoing reasons, the judgment of the circuit court of Peoria County is affirmed.

Affirmed.

Also, Read

Related Post

Leave a Reply

Your email address will not be published. Required fields are marked *

eleven + seventeen =