June 25, 2008
MARY WILLABY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
) No. 99 l 6981
CLARA BENDERSKY, HASMUKH PATEL, )
and WESTLAKE COMMUNITY HOSPITAL, )
) The Honorable
Defendants-Appellants. ) John E. Morrissey,
) Judge Presiding.
JUSTICE GARCIA delivered the opinion of the court.
Mary Willaby, filed suit against Dr. Clara Bendersky, Dr.
Hasmukh Patel, and Westlake Community Hospital, alleging medical
negligence. A laparotomy sponge was left in Willaby's abdomen
following surgery to repair an evisceration that occurred
subsequent to a hysterectomy. The matter proceeded to a jury
trial. At the close of all of the evidence, the trial court
granted Westlake's motion for a directed verdict, and the jury
subsequently returned a verdict in favor of Drs. Bendersky and
Patel. Willaby raises several issues on appeal, including (1) Dr.