[Download] "Compton v. Ubilluz" by In the Appellate Court of Illinois Second District " Book PDF Kindle ePub Free
eBook details
- Title: Compton v. Ubilluz
- Author : In the Appellate Court of Illinois Second District
- Release Date : January 23, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff, Annette Compton, appeals the order of the circuit court of Du Page County granting the motion of defendant, Neuro-Diagnostic Testing Centers, P.C. (n/k/a Neuro-Spinal Center, Ltd.), to dismiss plaintiff's claims against it pursuant to section 2--619(a)(5) of the Code of Civil Procedure (Code) (735 ILCS 5/2--619(a)(5) (West 2002)). Specifically, the trial court held that plaintiff's allegations against defendant in her second amended complaint did not relate back to her original complaint, pursuant to the current version of section 2--616(d) of the Code (735 ILCS 5/2--616(d) (West 2002)). Plaintiff appeals, contending that the previous version of section 2--616(d) applies to her second amended complaint and requires the reversal of the trial court's order. We reverse and remand. The following facts are drawn from plaintiff's second amended complaint and related motions. In 1997, plaintiff came under the care of Dr. Rodrigo Ubilluz for her complaints of numbness and tingling in her hands and feet. Between August 27, 1997, and September 2, 1997, because of the progression of her symptoms, plaintiff was hospitalized at Central Du Page Hospital. While she was hospitalized at Central Du Page, Dr. Ubilluz ordered several blood tests, including a B-12/Folate test. A vitamin B-12 deficiency can cause the neurological symptoms that plaintiff was experiencing. On September 3, 1997, Central Du Page's lab reported the results of the B-12/Folate test to Dr. Ubilluz. The results of the B-12/Folate test revealed that plaintiff's serum B-12 levels were critically low. Dr. Ubilluz denied that he received the B-12/Folate test results from Central Du Page. Dr. Ubilluz did not properly diagnose plaintiff's condition or otherwise order or administer the proper treatment for it. Plaintiff visited Dr. Ubilluz eight times after her discharge from the hospital. At none of these visits did Dr. Ubilluz mention the B-12/Folate test results. Plaintiff last visited Dr. Ubilluz on January 13, 1998.