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Law Division Motion Section Initial Case Management Dates for @@+PA@sS031(4,BIKYD,E,F.H,R,X,Z) will be heard In Person.
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Court Date: 3/20/2024 10:00 AM OUN FER FILED
1/11/2024 6:04 PM
DASHRATH PATEL ) IRIS Y. MARTINEZ
CIRCUIT CLERK
Plaintiff, ) COOK COUNTY, IL
vs. ) No 2024L000493
Calendar, A
PARESH PATEL MD, OAKTON MEDICAL ASSOCIATES, INC 25944105
KANU PANCHAL, KANU PANCHAL MD SC, SUBURBAN 2024L000493
MEDICAL & WELLNESS CENTER LLC, SERENA
KLEINSTUB DC, SERENA KLEINSTUB DC PC, SMRUTI
MISHRA LPT, MOLECULAR IMAGING CHICAGO LLC d/b/a
MOLECULAR IMAGING ADVANTAGE MRI, MOLECULAR
IMAGING ADVANTAGE MRI, MOLECULAR IMAGING, AND
JEFFREY BERNFIELD MD
Defendants.
COMPLAINT AT LAW
NOW COMES the Plaintiff, Dashrath Patel by and through his attorneys, RANDALL F.
PETERS & ASSOCIATES, and for their complaint against Defendants, and each of them, states as
follows:
COUNT I
PARESH PATEL MD
OAKTON MEDICAL ASSOCIATES, INC
1 That at all times relevant hereto, Defendant, Dr. Paresh Patel, was practicing medicine in the
State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out
to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of
medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois.
2 That at all times relevant hereto, Defendant, Oakton Medical Associates Inc (hereinafter
Oakton), was duly organized and existing under the laws of the State of Illinois, and held itself out
to the public, and to the Plaintiff as a medical healthcare facility employing fully qualified
physicians and surgeons in the practice of medicine, providing medical services to the public in the
County of Cook and State of Illinois.
3 That commencing January 19, 2015 and through May 17, 2016, and at all times relevant
hereto, Defendant, Dr. Paresh Patel, was a duly authorized actual and/or apparent agent/employee
of Oakton and was acting within the scope of employment, being held out to the public, and to the
Plaintiff, as a physician and surgeon practicing medicine in the County of Cook, State of Illinois.
4 That commencing January 19, 2015 and at all time subsequent and relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Paresh Patel,
individually, and as agent and employee of Oakton, and Oakton, and each of them, for complaints
of neck pain and radiculopathy into the upper extremities for which he underwent clinical and
diagnostic evaluations and treatments by Defendants, and each of them, where an assessment and
diagnosis of cervical neck pain, and cervical radiculopathy was made.
5. That commencing January 19, 2015, and at all times relevant hereto, Plaintiff, Dashrath
Patel, while under the care and treatment of Defendant, Dr. Paresh Patel, individually, and as
agent and employee of Oakton, and Oakton, and each of them, was inadequately assessed clinically
and diagnostically for his neurological signs and symptoms, and was not adequately worked up or
treated for his persistent cervical signs and symptoms.
6 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendants, and each of them, and
which resulted in the Plaintiff being informed on May 17, 2016 by neurosurgeon, Kanu Panchal of
having to undergo decompression and fusion surgery at the level of C1-C2.
7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of
them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered
by Defendants, and each of them, January 27, 2015 and February 16, 2015 and was not discovered
until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with
the exercise of reasonable diligence should have known that he suffered from this condition of ill
being, and that he neither knew, nor with exercise of reasonable diligence should have known that
his underlying conditions of ill-being was associated with misread imaging studies that had
identified and confirmed subluxation of Cl over C2, and which was not timely evaluated,
diagnosed, or treated, due to the negligence of Defendants, and each of them.
8. That at all times relevant hereto, Defendant, Dr. Paresh Patel, individually, and as agent
and employee of Oakton, and Oakton, and each of them, owed to the Plaintiff a duty to use that
degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in
similar localities under similar circumstances.
9. That notwithstanding this duty, Defendant, Dr. Paresh Patel, individually, and as agent and
employee of Oakton, and Oakton, and each of them, acted or failed to act in one or more of the
following ways amounting to that form of negligence known as medical malpractice:
a. Carelessly and negligently evaluated plaintiff's complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine;
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently ordered therapy for plaintiff that included chiropractic
adjustments on an unstable spine.
10.That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to
his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2
posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and
future pain and suffering. He has become liable for large sums of money to pay medical and
hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and
will be deprived from attending to his ordinary affairs of life due to the permanent residual
disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr.
Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them,
jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring
this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs
of this action.
COUNTIT
PARESH PATEL MD
1 That at all times relevant hereto, Defendant, Dr. Paresh Patel, was practicing medicine in the
State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out
to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of
medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois.
2 That commencing January 19, 2015 and at all time subsequent and relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Paresh Patel, for
complaints of neck pain and radiculopathy into the upper extremities for which he underwent
clinical and diagnostic evaluations and treatments by Defendant, where an assessment and
diagnosis of cervical neck pain, and cervical radiculopathy was made.
3 That commencing January 19, 2015, and at all times relevant hereto, Plaintiff, Dashrath
Patel, while under the care and treatment of Defendant, Dr. Paresh Patel, was inadequately
assessed clinically and diagnostically for his neurological signs and symptoms, and was not
adequately worked up or treated for his persistent cervical signs and symptoms.
4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at Cl was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendant, and which resulted in
the Plaintiff being informed on May 17, 2016 by neurosurgeon, Kanu Panchal of having to undergo
decompression and fusion surgery at the level of C1-C2.
5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendant, was due to
the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant,
January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17,
2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence
should have known that he suffered from this condition of ill being, and that he neither knew, nor
with exercise of reasonable diligence should have known that his underlying conditions of ill-being
was associated with misread imaging studies that had identified and confirmed subluxation of C1
over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of
Defendant.
6. That at all times relevant hereto, Defendant, Dr. Paresh Patel, owed to the Plaintiff a duty
to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be
exercised in similar localities under similar circumstances.
7 That notwithstanding this duty, Defendant, Dr. Paresh Patel, acted or failed to act in one or
more of the following ways amounting to that form of negligence known as medical malpractice:
a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine;
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently ordered therapy for plaintiff that included chiropractic
adjustments on an unstable spine.
8. That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine
that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion,
causing permanent and disabling physical injury, a loss of normal life, past and future pain and
suffering. He has become liable for large sums of money to pay medical and hospital expenses,
past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived
from attending to his ordinary affairs of life due to the permanent residual disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr.
Paresh Patel, jointly and severally, in an amount of money in excess of the jurisdictional limit
necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois,
together with the costs of this action.
COUNT III
KANU PANCHAL
KANU PANCHAL MD SC
1 That at all times relevant hereto, Defendant, Dr. Kanu Panchal, was practicing medicine in
the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself
out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of
medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois.
2. That at all times relevant hereto, Defendant, Kanu Panchal MD SC (hereinafter Panchal),
was duly organized and existing under the laws of the State of Illinois, and held itself out to the
public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians
and surgeons in the practice of medicine, providing medical services to the public in the County of
Cook and State of Illinois.
3 That commencing March 17, 2015 and through May 17, 2016, and at all times relevant hereto,
Defendant, Dr. Kanu Panchal, was a duly authorized actual and/or apparent agent/employee of
Panchal and was acting within the scope of employment, being held out to the public, and to the
Plaintiff, as a physician and surgeon practicing medicine in the County of Cook, State of Illinois.
4 That commencing March 17, 2015 and at all time subsequent and relevant hereto, Plaintiff,
Dashrath Patel, was under the care and treatment of Defendant, Dr. Kanu Panchal, individually,
and as agent and employee of Panchal, and Panchal, and each of them, for complaints of neck pain
and radiculopathy into the upper extremities for which he underwent clinical and diagnostic
evaluations and treatments by Defendants, and each of them, where an assessment and diagnosis
of cervical neck pain, and cervical radiculopathy was made.
5 That commencing March 17, 2015, and at all times relevant hereto, Plaintiff, Dashrath
Patel, while under the care and treatment of Defendant, Dr. Kanu Panchal, individually, and as
agent and employee of Panchal, and Panchal, and each of them, was inadequately assessed
clinically and diagnostically for his neurological signs and symptoms, and was not adequately
worked up or treated for his persistent cervical signs and symptoms.
6 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendants, and each of them, and
which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu
Panchal of having to undergo decompression and fusion surgery at the level of C1-C2.
7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of
them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered
by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered
until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with
the exercise of reasonable diligence should have known that he suffered from this condition of ill
being, and that he neither knew, nor with exercise of reasonable diligence should have known that
his underlying conditions of ill-being was associated with misread imaging studies that had
identified and confirmed subluxation of Cl over C2, and which was not timely evaluated,
diagnosed, or treated, due to the negligence of Defendants, and each of them.
8. That at all times relevant hereto, Defendant, Dr. Kanu Panchal, individually, and as agent
and employee of Panchal, and Panchal, and each of them, owed to the Plaintiff a duty to use that
degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in
similar localities under similar circumstances.
9. That notwithstanding this duty, Defendant, Dr. Kanu Panchal, individually, and as agent
and employee of Panchal, and Panchal, and each of them, acted or failed to act in one or more of
the following ways amounting to that form of negligence known as medical malpractice:
a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine:
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
e Carelessly and negligently ordered therapy for plaintiff that included chiropractic
adjustments on an unstable spine.
10. That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to
his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2
posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and
future pain and suffering. He has become liable for large sums of money to pay medical and
hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and
will be deprived from attending to his ordinary affairs of life due to the permanent residual
disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr. Kanu
Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them,
jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring
this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs
of this action.
COUNT IV
KANU PANCHAL MD
1 That at all times relevant hereto, Defendant, Dr. Kanu Panchal, was practicing medicine in
the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself
out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of
medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois.
2 That commencing March 17, 2015 and at all time subsequent and relevant hereto, Plaintiff,
Dashrath Patel, was under the care and treatment of Defendant, Dr. Kanu Panchal, for complaints
of neck pain and radiculopathy into the upper extremities for which he underwent clinical and
diagnostic evaluations and treatments by Defendant, where an assessment and diagnosis of
cervical neck pain, and cervical radiculopathy was made.
3 That commencing March, 17, 2015, and at all times relevant hereto, Plaintiff, Dashrath
Patel, while under the care and treatment of Defendant, Dr. Kanu Panchal, was inadequately
assessed clinically and diagnostically for his neurological signs and symptoms, and was not
adequately worked up or treated for his persistent cervical signs and symptoms.
4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendant, and which resulted in
the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having
to undergo decompression and fusion surgery at the level of C1-C2.
5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendant, was due to
the misreading of a cervical spine x-ray and cervical spine MRI by Defendant, that was performed
January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17,
2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence
should have known that he suffered from this condition of ill being, and that he neither knew, nor
with exercise of reasonable diligence should have known that his underlying conditions of ill-being
was associated with misread imaging studies that had identified and confirmed subluxation of C1
over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of
Defendant.
6. That at all times relevant hereto, Defendant, Dr. Kanu Panchal, owed to the Plaintiff a duty
to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be
exercised in similar localities under similar circumstances.
7 That notwithstanding this duty, Defendant, Dr. Kanu Panchal, acted or failed to act in one
or more of the following ways amounting to that form of negligence known as medical malpractice:
a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine;
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently ordered therapy for plaintiff that included chiropractic
adjustments on an unstable spine.
8 That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine
that included permanent myelomalacia, requiring Cl laminectomy and C1-C2 posterior fusion,
causing permanent and disabling physical injury, a loss of normal life, past and future pain and
suffering. He has become liable for large sums of money to pay medical and hospital expenses,
past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived
from attending to his ordinary affairs of life due to the permanent residual disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Kanu
Panchal, in an amount of money in excess of the jurisdictional limit necessary to bring this action
in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this
action.
COUNT V
SUBURBAN MEDICAL & WELLNESS CENTER LLC
SMRUTI MISHRA LPT
SERENA KLEINSTUB DC
1 That at all times relevant hereto, Defendant, Suburban Medical & Wellness Center, LLC,
was duly organized and existing under the laws of the State of Illinois, and held itself out to the
public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians
and surgeons, physical therapist and doctors of chiropractic medicine to provide medical and
therapy services to the public in the County of Cook and State of Illinois.
2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Defendants, Smruti Mishra LPT and Serena Kleinstub DC were duly authorized actual and/or
apparent agent/employee of Defendant, Suburban Medical & Wellness Center, LLC, and was
acting within the scope of employment, being held out to the public, and to the Plaintiff, as
therapist and doctor of chiropractic practicing these areas of healthcare in the County of Cook,
State of Illinois.
3 That commencing April 21, 2015 and through May 7, 2015, and at all time relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Suburban Medical &
Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT
and Serena Kleinstub DC, and each of them, for complaints of neck pain and radiculopathy into
the upper extremities for which he underwent physical and chiropractic therapy for the
assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made.
4 That commencing April 21, 2015 and through May 7, 2015, and at all time relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Suburban Medical &
Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT
and Serena Kleinstub DC, and each of them, and was inadequately assessed clinically and
diagnostically for his neurological signs and symptoms, and was not adequately worked up or
treated for his persistent cervical signs and symptoms.
5 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendants, and each of them, and
which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu
Panchal of having to undergo decompression and fusion surgery at the level of C1-C2.
6 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of
them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered
by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered
until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with
the exercise of reasonable diligence should have known that he suffered from this condition of ill
being, and that he neither knew, nor with exercise of reasonable diligence should have known that
his underlying conditions of ill-being was associated with misread imaging studies that had
identified and confirmed subluxation of Cl over C2, and which was not timely evaluated,
diagnosed, or treated, due to the negligence of Defendants, and each of them.
7 That at all times relevant hereto, Defendant, Suburban Medical & Wellness Center, LLC,
by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub
DC, and each of them, owed to the Plaintiff a duty to use that degree of skill in the medical care
and treatment rendered to Plaintiff, as would be exercised in similar localities under similar
circumstances.
8 That notwithstanding this duty, Defendant, Suburban Medical & Wellness Center, LLC, by
and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC,
and each of them, acted or failed to act in one or more of the following ways amounting to that
form of negligence known as medical malpractice:
a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Cc. Carelessly and negligently treated an unstable spine;
d Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
e Carelessly and negligently performed therapy on plaintiffs unstable spine.
9. That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to
his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2
posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and
future pain and suffering. He has become liable for large sums of money to pay medical and
hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and
will be deprived from attending to his ordinary affairs of life due to the permanent residual
disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Suburban
Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti
Mishra LPT and Serena Kleinstub DC, and each of them, jointly and severally, in an amount of
money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the
Circuit Court of Cook County, Illinois, together with the costs of this action.
COUNT VI
SERENA KLEINSTUB DC
SERENA KLEINSTUB DC PC
1 That at all times relevant hereto, Defendant, Serena Kleinstub DC, was practicing chiropractic
in the State of Illinois, and engaged in the practice of chiropractic in the State of Illinois, and was
held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice
of chiropractic, in the County of Cook and State of Illinois.
2. That at all times relevant hereto, Defendant, Serena Kleinstub DC, PC, (hereinafter
Kleinstub), was duly organized and existing under the laws of the State of Illinois, and held itself
out to the public, and to the Plaintiff as healthcare facility employing fully qualified chiropractors
in the practice of chiropractors, providing services to the public in the County of Cook and State of
Illinois.
3. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Defendant, Serena Kleinstub DC, was a duly authorized actual and/or apparent agent/employee of
Kleinstub and was acting within the scope of employment, being held out to the public, and to the
Plaintiff, as a chiropractor practicing chiropractors in the County of Cook, State of Illinois.
4 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Serena Kleinstub DC,
individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, for
complaints of neck pain and radiculopathy into the upper extremities for which he underwent
clinical and diagnostic evaluations and treatments by Defendants, and each of them, where an
assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made.
5. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Serena Kleinstub DC,
individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, was
inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and
was not adequately worked up or treated for his persistent cervical signs and symptoms.
6. That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendants, and each of them, and
which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu
Panchal of having to undergo decompression and fusion surgery at the level of C1-C2.
7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of
them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered
by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered
until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with
the exercise of reasonable diligence should have known that he suffered from this condition of ill
being, and that he neither knew, nor with exercise of reasonable diligence should have known that
his underlying conditions of ill-being was associated with misread imaging studies that had
identified and confirmed subluxation of C1 over C2, and which was not timely evaluated,
diagnosed, or treated, due to the negligence of Defendants, and each of them.
8. That at all times relevant hereto, Defendant, Serena Kleinstub DC, individually, and as
agent and employee of Kleinstub, and Kleinstub, and each of them, owed to the Plaintiff a duty to
use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be
exercised in similar localities under similar circumstances.
9 That notwithstanding this duty, Defendant, Serena Kleinstub DC, individually, and as agent
and employee of Kleinstub, and Kleinstub, and each of them, acted or failed to act in one or more
of the following ways amounting to that form of negligence known as medical malpractice:
a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine:
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently performed chiropractic therapy on plaintiffs unstable
spine.
10. That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to
his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2
posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and
future pain and suffering. He has become liable for large sums of money to pay medical and
hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and
will be deprived from attending to his ordinary affairs of life due to the permanent residual
disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Serena Kleinstub
DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, jointly
and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this
action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of
this action.
COUNT VII
SERENA KLEINSTUB DC
1 That at all times relevant hereto, Defendant, Serena Kleinstub DC, was practicing chiropractic
in the State of Illinois, and engaged in the practice of chiropractic in the State of Illinois, and was
held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice
of chiropractic, in the County of Cook and State of Illinois.
2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Serena Kleinstub DC,
for complaints of neck pain and radiculopathy into the upper extremities for which he underwent
clinical and diagnostic evaluations and treatments by Defendant, where an assessment and
diagnosis of cervical neck pain, and cervical radiculopathy was made.
3 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Serena Kleinstub DC,
was inadequately assessed clinically and diagnostically for his neurological signs and symptoms,
and was not adequately worked up or treated for his persistent cervical signs and symptoms.
4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendant and which resulted in
the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having
to undergo decompression and fusion surgery at the level of C1-C2.
5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendant was due to
the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant,
Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being
informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise
of reasonable diligence should have known that he suffered from this condition of ill being, and
that he neither knew, nor with exercise of reasonable diligence should have known that his
underlying conditions of ill-being was associated with misread imaging studies that had identified
and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or
treated, due to the negligence of Defendant.
6 That at all times relevant hereto, Defendant, Serena Kleinstub DC, owed to the Plaintiff a
duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would
be exercised in similar localities under similar circumstances.
7 That notwithstanding this duty, Defendant, Serena Kleinstub DC, acted or failed to act in
one or more of the following ways amounting to that form of negligence known as medical
malpractice:
a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine;
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently performed chiropractic therapy on plaintiffs unstable
spine.
8. That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine
that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion,
causing permanent and disabling physical injury, a loss of normal life, past and future pain and
suffering. He has become liable for large sums of money to pay medical and hospital expenses,
past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived
from attending to his ordinary affairs of life due to the permanent residual disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Serena Kleinstub
DC, in an amount of money in excess of the jurisdictional limit necessary to bring this action in
the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action.
COUNT VIII
SMRUTI MISHRA LPT
1 That at all times relevant hereto, Defendant, Smruti Mishra LPT, was practicing physical
therapy in the State of Illinois, and engaged in the practice of physical therapy in the State of Illinois,
and was held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the
practice of physical therapy, in the County of Cook and State of Illinois.
2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Smruti Mishra LPT, for
complaints of neck pain and radiculopathy into the upper extremities for which he underwent
clinical and diagnostic evaluations and treatments by Defendant, where an assessment and
diagnosis of cervical neck pain, and cervical radiculopathy was made.
3 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto,
Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Smruti Mishra LPT,
was inadequately assessed clinically and diagnostically for his neurological signs and symptoms,
and was not adequately worked up or treated for his persistent cervical signs and symptoms.
4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his
persistent complaints of neck pain with radiculopathy, and an interior displacement of the
odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord
discovered, which was never previously diagnosed or treated by Defendant and which resulted in
the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having
to undergo decompression and fusion surgery at the level of C1-C2.
5 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints
of neck pain with radiculopathy that was being assessed and treated by Defendant was due to
the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant,
Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being
informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise
of reasonable diligence should have known that he suffered from this condition of ill being, and
that he neither knew, nor with exercise of reasonable diligence should have known that his
underlying conditions of ill-being was associated with misread imaging studies that had identified
and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or
treated, due to the negligence of Defendant.
6. That at all times relevant hereto, Defendant, Smruti Mishra LPT, owed to the Plaintiff a
duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would
be exercised in similar localities under similar circumstances.
7 That notwithstanding this duty, Defendant, Smruti Mishra LPT, acted or failed to act in one
or more of the following ways amounting to that form of negligence known as medical malpractice:
a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and
radiculopathy;
b Carelessly and negligently treated plaintiffs complaint of cervical pain and
radiculopathy;
Carelessly and negligently treated an unstable spine;
Carelessly and negligently failed to adequately evaluate cervical spine imaging
studies.
Carelessly and negligently performed physical therapy on plaintiffs unstable spine.
8 That as a direct and proximate result of one or more of the aforesaid careless and negligent
acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine
that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion,
causing permanent and disabling physical injury, a loss of normal life, past and future pain and
suffering. He has become liable for large sums of money to pay medical and hospital expenses,
past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived
from attending to his ordinary affairs of life due to the permanent residual disability sustained.
WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Smruti Mishra
LPT, in an amount of money in excess of the jurisdictional limit necessary to bring this action in
the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action.
COUNT IX
MOLECULAR IMAGING CHICAGO LLC d/b/a MOLECULAR IMAGING ADVANTAGE MRI
MOLECULAR IMAGING ADVANTAGE MRI
MOLECULAR IMAGING
JEFFREY BERNFIELD MD
1 That at all times relevant hereto, Defendant, Dr. Jeffrey Bernfield was practicing medicine in
the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself
out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of
medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois.
2. That at all times relevant hereto, Defendant, Molecular Imaging Chicago LLC d/b/a
Molecular Imaging Advantage MRI, Molecular Imaging Advantage MRI and Molecular Imaging,
and each of them, (hereinafter Molecular), was duly organized and existing under the laws of the
State of Illinois, and held itself out to the public, and to the Plaintiff as a medical healthcare facility
employing fully qualified physicians and surgeons, and imaging technicians in the practice of
medicine, providing radiological imaging study services to the public in the County of Cook and
State of Illinois.
3. That commencing February 16, 2015 and through May 17, 2016, and at all times relevant
hereto, Defendant, Dr. Jeffrey Bernfield, was a duly authorized actual and/or apparent
agent/employee of Molecular and was acting within the scope of employment, being held out to the
public, and to the Plaintiff, as a physician and surgeon practicing medicine in the County of Cook,
State of Illinois.
4 That commencing February 16, 2015 and at all time relevant hereto, Plaintiff, Dashrath
Patel, was under the care and treatment of Defendant, Dr. Jeffrey Bernfield individually, and as
agent and employee of Molecular, and Molecular, and each of them, for complaints of neck pain
and radiculopathy into the upper extremities for which he underwent diagnostic evaluations and
treatment by Defendants, and each of them, where an assessment and diagnosis of his cervical
spine at the C1 level was never established.
5 That commencing February 16, 2015, and at all times relevant hereto, Plaintiff, Dashrath
Patel, while under the care and treatment of Defendant, Dr. Jeffrey Bernfield individually, and as
agent and employee of Molecular, and Molecular, and each of them, was inadequately assessed
and diagnostically treat
Preview
Law Division Motion Section Initial Case Management Dates for @@+PA@sS031(4,BIKYD,E,F.H,R,X,Z) will be heard In Person. Re Re All other Law Division Initial Case Manag For more information and Zoom Meeting Hee TRH Raio06_s electTab/12 Court Date: 3/20/2024 10:00 AM OUN FER FILED 1/11/2024 6:04 PM DASHRATH PATEL ) IRIS Y. MARTINEZ CIRCUIT CLERK Plaintiff, ) COOK COUNTY, IL vs. ) No 2024L000493 Calendar, A PARESH PATEL MD, OAKTON MEDICAL ASSOCIATES, INC 25944105 KANU PANCHAL, KANU PANCHAL MD SC, SUBURBAN 2024L000493 MEDICAL & WELLNESS CENTER LLC, SERENA KLEINSTUB DC, SERENA KLEINSTUB DC PC, SMRUTI MISHRA LPT, MOLECULAR IMAGING CHICAGO LLC d/b/a MOLECULAR IMAGING ADVANTAGE MRI, MOLECULAR IMAGING ADVANTAGE MRI, MOLECULAR IMAGING, AND JEFFREY BERNFIELD MD Defendants. COMPLAINT AT LAW NOW COMES the Plaintiff, Dashrath Patel by and through his attorneys, RANDALL F. PETERS & ASSOCIATES, and for their complaint against Defendants, and each of them, states as follows: COUNT I PARESH PATEL MD OAKTON MEDICAL ASSOCIATES, INC 1 That at all times relevant hereto, Defendant, Dr. Paresh Patel, was practicing medicine in the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois. 2 That at all times relevant hereto, Defendant, Oakton Medical Associates Inc (hereinafter Oakton), was duly organized and existing under the laws of the State of Illinois, and held itself out to the public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians and surgeons in the practice of medicine, providing medical services to the public in the County of Cook and State of Illinois. 3 That commencing January 19, 2015 and through May 17, 2016, and at all times relevant hereto, Defendant, Dr. Paresh Patel, was a duly authorized actual and/or apparent agent/employee of Oakton and was acting within the scope of employment, being held out to the public, and to the Plaintiff, as a physician and surgeon practicing medicine in the County of Cook, State of Illinois. 4 That commencing January 19, 2015 and at all time subsequent and relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendants, and each of them, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 5. That commencing January 19, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Dr. Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 6 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendants, and each of them, and which resulted in the Plaintiff being informed on May 17, 2016 by neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendants, and each of them, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of Cl over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendants, and each of them. 8. That at all times relevant hereto, Defendant, Dr. Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 9. That notwithstanding this duty, Defendant, Dr. Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a. Carelessly and negligently evaluated plaintiff's complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine; Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently ordered therapy for plaintiff that included chiropractic adjustments on an unstable spine. 10.That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr. Paresh Patel, individually, and as agent and employee of Oakton, and Oakton, and each of them, jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNTIT PARESH PATEL MD 1 That at all times relevant hereto, Defendant, Dr. Paresh Patel, was practicing medicine in the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois. 2 That commencing January 19, 2015 and at all time subsequent and relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Paresh Patel, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendant, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 3 That commencing January 19, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Dr. Paresh Patel, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at Cl was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendant, and which resulted in the Plaintiff being informed on May 17, 2016 by neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendant, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendant. 6. That at all times relevant hereto, Defendant, Dr. Paresh Patel, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 7 That notwithstanding this duty, Defendant, Dr. Paresh Patel, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine; Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently ordered therapy for plaintiff that included chiropractic adjustments on an unstable spine. 8. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr. Paresh Patel, jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT III KANU PANCHAL KANU PANCHAL MD SC 1 That at all times relevant hereto, Defendant, Dr. Kanu Panchal, was practicing medicine in the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois. 2. That at all times relevant hereto, Defendant, Kanu Panchal MD SC (hereinafter Panchal), was duly organized and existing under the laws of the State of Illinois, and held itself out to the public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians and surgeons in the practice of medicine, providing medical services to the public in the County of Cook and State of Illinois. 3 That commencing March 17, 2015 and through May 17, 2016, and at all times relevant hereto, Defendant, Dr. Kanu Panchal, was a duly authorized actual and/or apparent agent/employee of Panchal and was acting within the scope of employment, being held out to the public, and to the Plaintiff, as a physician and surgeon practicing medicine in the County of Cook, State of Illinois. 4 That commencing March 17, 2015 and at all time subsequent and relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Kanu Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendants, and each of them, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 5 That commencing March 17, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Dr. Kanu Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 6 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendants, and each of them, and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of Cl over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendants, and each of them. 8. That at all times relevant hereto, Defendant, Dr. Kanu Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 9. That notwithstanding this duty, Defendant, Dr. Kanu Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine: Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. e Carelessly and negligently ordered therapy for plaintiff that included chiropractic adjustments on an unstable spine. 10. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Dr. Kanu Panchal, individually, and as agent and employee of Panchal, and Panchal, and each of them, jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT IV KANU PANCHAL MD 1 That at all times relevant hereto, Defendant, Dr. Kanu Panchal, was practicing medicine in the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois. 2 That commencing March 17, 2015 and at all time subsequent and relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Kanu Panchal, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendant, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 3 That commencing March, 17, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Dr. Kanu Panchal, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendant, and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendant, was due to the misreading of a cervical spine x-ray and cervical spine MRI by Defendant, that was performed January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendant. 6. That at all times relevant hereto, Defendant, Dr. Kanu Panchal, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 7 That notwithstanding this duty, Defendant, Dr. Kanu Panchal, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine; Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently ordered therapy for plaintiff that included chiropractic adjustments on an unstable spine. 8 That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring Cl laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Kanu Panchal, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT V SUBURBAN MEDICAL & WELLNESS CENTER LLC SMRUTI MISHRA LPT SERENA KLEINSTUB DC 1 That at all times relevant hereto, Defendant, Suburban Medical & Wellness Center, LLC, was duly organized and existing under the laws of the State of Illinois, and held itself out to the public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians and surgeons, physical therapist and doctors of chiropractic medicine to provide medical and therapy services to the public in the County of Cook and State of Illinois. 2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Defendants, Smruti Mishra LPT and Serena Kleinstub DC were duly authorized actual and/or apparent agent/employee of Defendant, Suburban Medical & Wellness Center, LLC, and was acting within the scope of employment, being held out to the public, and to the Plaintiff, as therapist and doctor of chiropractic practicing these areas of healthcare in the County of Cook, State of Illinois. 3 That commencing April 21, 2015 and through May 7, 2015, and at all time relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Suburban Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC, and each of them, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent physical and chiropractic therapy for the assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 4 That commencing April 21, 2015 and through May 7, 2015, and at all time relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Suburban Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC, and each of them, and was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 5 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendants, and each of them, and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 6 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of Cl over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendants, and each of them. 7 That at all times relevant hereto, Defendant, Suburban Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC, and each of them, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 8 That notwithstanding this duty, Defendant, Suburban Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC, and each of them, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Cc. Carelessly and negligently treated an unstable spine; d Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. e Carelessly and negligently performed therapy on plaintiffs unstable spine. 9. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Suburban Medical & Wellness Center, LLC, by and through its agents and employees, Defendants, Smruti Mishra LPT and Serena Kleinstub DC, and each of them, jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT VI SERENA KLEINSTUB DC SERENA KLEINSTUB DC PC 1 That at all times relevant hereto, Defendant, Serena Kleinstub DC, was practicing chiropractic in the State of Illinois, and engaged in the practice of chiropractic in the State of Illinois, and was held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of chiropractic, in the County of Cook and State of Illinois. 2. That at all times relevant hereto, Defendant, Serena Kleinstub DC, PC, (hereinafter Kleinstub), was duly organized and existing under the laws of the State of Illinois, and held itself out to the public, and to the Plaintiff as healthcare facility employing fully qualified chiropractors in the practice of chiropractors, providing services to the public in the County of Cook and State of Illinois. 3. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Defendant, Serena Kleinstub DC, was a duly authorized actual and/or apparent agent/employee of Kleinstub and was acting within the scope of employment, being held out to the public, and to the Plaintiff, as a chiropractor practicing chiropractors in the County of Cook, State of Illinois. 4 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Serena Kleinstub DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendants, and each of them, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 5. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Serena Kleinstub DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 6. That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendants, and each of them, and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 7 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendants, and each of them, was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendants, and each of them. 8. That at all times relevant hereto, Defendant, Serena Kleinstub DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 9 That notwithstanding this duty, Defendant, Serena Kleinstub DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine: Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently performed chiropractic therapy on plaintiffs unstable spine. 10. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendants, and each of them, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Serena Kleinstub DC, individually, and as agent and employee of Kleinstub, and Kleinstub, and each of them, jointly and severally, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT VII SERENA KLEINSTUB DC 1 That at all times relevant hereto, Defendant, Serena Kleinstub DC, was practicing chiropractic in the State of Illinois, and engaged in the practice of chiropractic in the State of Illinois, and was held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of chiropractic, in the County of Cook and State of Illinois. 2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Serena Kleinstub DC, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendant, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 3 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Serena Kleinstub DC, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendant and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 5. That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendant was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendant. 6 That at all times relevant hereto, Defendant, Serena Kleinstub DC, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 7 That notwithstanding this duty, Defendant, Serena Kleinstub DC, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a. Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine; Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently performed chiropractic therapy on plaintiffs unstable spine. 8. That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Serena Kleinstub DC, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT VIII SMRUTI MISHRA LPT 1 That at all times relevant hereto, Defendant, Smruti Mishra LPT, was practicing physical therapy in the State of Illinois, and engaged in the practice of physical therapy in the State of Illinois, and was held out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of physical therapy, in the County of Cook and State of Illinois. 2. That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Smruti Mishra LPT, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent clinical and diagnostic evaluations and treatments by Defendant, where an assessment and diagnosis of cervical neck pain, and cervical radiculopathy was made. 3 That commencing April 21, 2015 and through May 7, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Smruti Mishra LPT, was inadequately assessed clinically and diagnostically for his neurological signs and symptoms, and was not adequately worked up or treated for his persistent cervical signs and symptoms. 4 That on May 12, 2016, a repeat MRI of the cervical spine was performed on Plaintiff for his persistent complaints of neck pain with radiculopathy, and an interior displacement of the odontoid at C1 was identified, along with a C1-C2 subluxation and myelomalacia of the spinal cord discovered, which was never previously diagnosed or treated by Defendant and which resulted in the Plaintiff being informed on May 17, 2016 by Defendant, neurosurgeon, Kanu Panchal of having to undergo decompression and fusion surgery at the level of C1-C2. 5 That on May 17, 2016, Plaintiff first learned that his underlying and persistent complaints of neck pain with radiculopathy that was being assessed and treated by Defendant was due to the misreading of a cervical spine x-ray and cervical spine MRI that was ordered by Defendant, Dr. Paresh Patel, January 27, 2015 and February 16, 2015 and was not discovered until being informed on May 17, 2016, and that Plaintiff, Dashrath Patel neither knew, nor with the exercise of reasonable diligence should have known that he suffered from this condition of ill being, and that he neither knew, nor with exercise of reasonable diligence should have known that his underlying conditions of ill-being was associated with misread imaging studies that had identified and confirmed subluxation of C1 over C2, and which was not timely evaluated, diagnosed, or treated, due to the negligence of Defendant. 6. That at all times relevant hereto, Defendant, Smruti Mishra LPT, owed to the Plaintiff a duty to use that degree of skill in the medical care and treatment rendered to Plaintiff, as would be exercised in similar localities under similar circumstances. 7 That notwithstanding this duty, Defendant, Smruti Mishra LPT, acted or failed to act in one or more of the following ways amounting to that form of negligence known as medical malpractice: a Carelessly and negligently evaluated plaintiffs complaints of cervical pain and radiculopathy; b Carelessly and negligently treated plaintiffs complaint of cervical pain and radiculopathy; Carelessly and negligently treated an unstable spine; Carelessly and negligently failed to adequately evaluate cervical spine imaging studies. Carelessly and negligently performed physical therapy on plaintiffs unstable spine. 8 That as a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by the aforesaid Defendant, plaintiff sustained injury to his cervical spine that included permanent myelomalacia, requiring C1 laminectomy and C1-C2 posterior fusion, causing permanent and disabling physical injury, a loss of normal life, past and future pain and suffering. He has become liable for large sums of money to pay medical and hospital expenses, past and future, in an endeavor to be cured of his injuries, past and future, and will be deprived from attending to his ordinary affairs of life due to the permanent residual disability sustained. WHEREFORE, Plaintiff, Dashrath Patel, prays judgment against the Defendant, Smruti Mishra LPT, in an amount of money in excess of the jurisdictional limit necessary to bring this action in the Law Division of the Circuit Court of Cook County, Illinois, together with the costs of this action. COUNT IX MOLECULAR IMAGING CHICAGO LLC d/b/a MOLECULAR IMAGING ADVANTAGE MRI MOLECULAR IMAGING ADVANTAGE MRI MOLECULAR IMAGING JEFFREY BERNFIELD MD 1 That at all times relevant hereto, Defendant, Dr. Jeffrey Bernfield was practicing medicine in the State of Illinois, and engaged in the practice of medicine in the State of Illinois, and held himself out to the public, and to the Plaintiff herein, as being fully qualified and trained in the practice of medicine, as a physician and surgeon practicing medicine in the County of Cook and State of Illinois. 2. That at all times relevant hereto, Defendant, Molecular Imaging Chicago LLC d/b/a Molecular Imaging Advantage MRI, Molecular Imaging Advantage MRI and Molecular Imaging, and each of them, (hereinafter Molecular), was duly organized and existing under the laws of the State of Illinois, and held itself out to the public, and to the Plaintiff as a medical healthcare facility employing fully qualified physicians and surgeons, and imaging technicians in the practice of medicine, providing radiological imaging study services to the public in the County of Cook and State of Illinois. 3. That commencing February 16, 2015 and through May 17, 2016, and at all times relevant hereto, Defendant, Dr. Jeffrey Bernfield, was a duly authorized actual and/or apparent agent/employee of Molecular and was acting within the scope of employment, being held out to the public, and to the Plaintiff, as a physician and surgeon practicing medicine in the County of Cook, State of Illinois. 4 That commencing February 16, 2015 and at all time relevant hereto, Plaintiff, Dashrath Patel, was under the care and treatment of Defendant, Dr. Jeffrey Bernfield individually, and as agent and employee of Molecular, and Molecular, and each of them, for complaints of neck pain and radiculopathy into the upper extremities for which he underwent diagnostic evaluations and treatment by Defendants, and each of them, where an assessment and diagnosis of his cervical spine at the C1 level was never established. 5 That commencing February 16, 2015, and at all times relevant hereto, Plaintiff, Dashrath Patel, while under the care and treatment of Defendant, Dr. Jeffrey Bernfield individually, and as agent and employee of Molecular, and Molecular, and each of them, was inadequately assessed and diagnostically treat