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Torts Keyed to Duncan
Orlak v. Loyola University Health System
Citation:
228 Ill.2d 1, 885 N.E.2d 999, 319 Ill. Dec. 319 (2007)Facts
Diane Orlak (plaintiff) was hospitalized in 1989 at a hospital operated by Loyola University Health System (defendant) for burns caused by a work-related accident. She received a blood transfusion with consent given by her mother, acknowledging that there was no way to determine the blood did not contain viral hepatitis. In 1990, the plaintiff was advised by the defendant to be tested for HIV, and her test was negative. In 2000, the defendant advised the plaintiff to be tested for HCV after her donor tested positive, and she tested positive. The plaintiff sued the defendant for constructive fraud, medical negligence, medical battery, and negligence. She argued that the defendant should have told her to test for HCV at the same time they told her to test for HIV, and that by 1996 and 1997 the defendant knew or should have known she needed to be tested based on studies released by the Food and Drug Administration and the National Institutes of Health. The defendant filed a motion to dismiss on grounds that all claims in the plaintiff’s lawsuit were barred by the four-year medical malpractice statute of repose.
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Negligence