September 22, 2008
RICHARD WIEDENBECK, Individually and ) Appeal from the
as Special Administrator of the ) Circuit Court of
Estate of CHERYL ANDERSON-WIEDENBECK, ) Cook County.
HOWARD SEARLE, M.D., ) Honorable
) James P. Flannery, Jr.
Defendant-Appellee. ) Judge Presiding.
JUSTICE WOLFSON delivered the opinion of the court:
The only question in this medical malpractice case is
whether the evidence of record demonstrates a genuine issue of
material fact: was Dr. Howard Searle’s breach of the applicable
standard of care a proximate cause of Cheryl Anderson-
Wiedenbeck’s injuries and subsequent death? Granting Dr.
Searle’s motion for summary judgment, the trial court found there
was insufficient evidence of proximate cause to take the case to
a jury. We agree with the trial court.
On November 1, 2001, Cheryl Anderson-Wiedenbeck
(Wiedenbeck), a 38 year-old mother of two, went to the Convenient
Care of Stratford North urgent care facility (Stratford),
complaining of a severe headache. Dr. Searle, a family practice