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Case Law Update: Tort Immunity Act

Hemminger v. Nehring, No. 3-08-0751 (4-8-10) affirmed a case where a plaintiff filed a wrongful death suit on behalf of his wife. This was based on a misinterpretation of Pap smear and failure to diagnose cervical cancer, which was diagnosed as Stage III six months later. Pap smear is “screening test” that is part of the diagnostic process, thus immunity provisions of Sections 6-105 and 6-106 of Tort Immunity Act apply. The court found that the summary judgment proper as to Defendants cytotechnician and physician, who were employed by municipal hospital and were within scope of their employment. This case will impact wrongful death law in Illinois.