Wodziak v. Kash

In Wodziak v. Kash, 278 Ill. App. 3d 901, 663 N.E.2d 138, 215 Ill. Dec. 388 (1996), the plaintiff's decedent went to a hospital emergency room complaining of shortness of breath. The defendant diagnosed a respiratory stridor--a blocked throat whistle--and released decedent. After losing consciousness two days later, the decedent was taken to a different hospital where doctors discovered a tracheal obstruction. During the emergency surgery that followed, the decedent suffered a stroke and developed permanent brain damage. Plaintiff alleged the defendant's delay in investigating the cause of the stridor postponed treatment and caused decedent's injury. The Court affirmed a verdict for the plaintiff, noting the plaintiff's expert testified to a specific procedure--throat dilatation--that was postponed by the negligently delayed diagnosis. Wodziak, 278 Ill. App. 3d at 911-12.