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Patient brought medical malpractice suit, alleging that doctor scraped his right toe with same instrument that he used to treat his patient's infected left foot, resulting in infection in toe which resulted in its amputation. The Circuit Court, Cook County, Thomas P. Quinn, J., entered summary judgment in favor of defendants, and plaintiff appealed. Affirmed.

Presiding Justice RAKOWSKI delivered the opinion of the court:

Plaintiff filed suit against defendants, as well as against Dr. Eugene Dolehide (individually and doing business as Medicine and Surgery S.C.) and the Sisters of St. Mary as the owner of St. Francis Hospital. In Count I of his complaint, plaintiff alleged that he suffered from Diabetes-Mellitus, which Dr. Dolehide had treated since prior to 1981. In 1983, Dolehide treated a sore on plaintiff's left foot. In January of 1984, plaintiff was referred to defendant McLeod, a podiatrist. According to the complaint, defendant was treated by an agent of McLeod, defendant Fiscella, on January 12, 1984, and January 21, 1984. Plaintiff alleged that Fiscella was negligent in that Fiscella "treated plaintiff's left foot * * * leaving the contaminated foot open and using the same instrument as used on the contaminated left foot opened [on] plaintiff's right toe." Resultingly, according to plaintiff, his right big toe became infected and ultimately had to be amputated.

Accordingly, the judgment of the circuit court is affirmed.

AFFIRMED.(For defendant doctors)

McNAMARA and EGAN, JJ., concur.

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