Circuit Judge Nicholas Byron

Circuit Judge Nicholas Byron dismissed Rush University Medical Center of Chicago from a medical malpractice case filed by Christopher Crnkovich in Madison County in July 2005.

The June 13 order did not, however, dismiss Rahul Patwari, M.D. of Chicago. Byron will hold a case management conference in the matter on June 28.

Crnkovich claims that on July 13, 2002, Rush University allegedly failed to diagnose and inform subsequent treating physicians that he suffered a displaced, oblique fracture of his distal right clavicle--a shoulder injury.

According to Crnkovich, Patwari failed to discover the fracture which was shown on the x-ray and failed to review the radiologist's report of the x-ray.

Crnkovich claims that the alleged negligence caused a delay in the diagnosis and as a result he experienced pain, suffering and disability as a result of the fracture.

He also claims the fracture progressed to the point that surgery was necessary, plus an additional surgery to remove the hardware used to reduce the fracture which cost him $4,173.

Crnkovich is represented by St. Louis attorney James Leonard of Devereaux, Stokes, Nolan & Fernandez.

In Leonard's affidavit he stated that he was unable to obtain a written report from a physician regarding the merits of the case because the statute of limitations was about to expire. However, he spoke to a health professional who advised him there is a meritorious case.

William Anderson of Anderson Rasor & Partners represents Dr. Patwari.

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