Hernandez v. Schittek

713 N.E.2d 203 (1999)

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Hernandez v. Schittek

Illinois Appellate Court
713 N.E.2d 203 (1999)

Facts

Irene Hernandez’s (plaintiff) doctor found a lump in her breast at a checkup. Hernandez underwent surgery to have the lump removed. Before the surgery, Hernandez had given consent for the surgeon Dr. Anton Schittek (defendant) to remove a third of her breast if the surgeon tested the lump and determined that it was dangerous. If the lump was not dangerous, Dr. Schittek would remove only the lump. Once the surgery began, Dr. Schittek determined that the nature of the lump was inconclusive and then proceeded to remove a third of Hernandez’s breast. Dr. Schittek believed the lump may have been dangerous even before testing. Later, after additional testing, the lump was determined to be benign. Hernandez filed suit against Dr. Schittek for her disfigurement. The trial court found in favor of Dr. Schittek. Hernandez appealed, claiming that the trial court failed to find civil battery had been committed.

Rule of Law

Issue

Holding and Reasoning (Kuehn, J.)

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