Hogmire v. Voita

Full title: Elaine Hogmire, Appellant, v. Dr. Joseph Voita, Appellee

Court: Appellate Court of Illinois, First District

Date published: Jun 16, 1943

319 Ill. App. 644 (Ill. App. Ct. 1943)

49 N.E.2d 811

Opinion

Gen. No. 42,069. (Abstract of Decision.)

Opinion filed June 16, 1943 Rehearing denied June 28, 1943

MEDICINE AND SURGERY, § 13^_ — proof in action for malpractice. In action to recover damages for malpractice there must be affirmative proof of negligence or lack of care, and that injuries complained of resulted therefrom, and such proof can only be established by testimony of experts skilled in medical and surgical profession.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. E.I. FRANKHAUSER, Judge, presiding.

Judgment reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the December term, 1941.

Alex Meyerovitz, for appellant;

Rawlins Wright, for appellee;

Don C. Wray, of counsel.

Opinion by JUSTICE SCANLAN.

"Not to be published in full." Opinion filed June 16, 1943; rehearing denied June 28, 1943.