Rodgers v. St. Mary's Hospital

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

The plaintiff, Kalan D. Rodgers, Sr. (Rodgers), appeals the dismissal with prejudice of his amended complaint directed to defendant St. Mary’s Hospital (St. Mary’s), in which he requested damages on the basis of St. Mary’s alleged failure to preserve X rays relevant to a medical malpractice suit. The principal issues which we must resolve in this appeal are whether there is a cause of action for loss or destruction of X rays which results in prejudice to litigation rights and, if so, the effect of post-judgment settlements and…