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


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.



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


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