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DuPage Medical Group, Also Known as Duly Health & Care, Accused of Negligence in Lawsuit Alleging OB-GYN Sexually Abused Patient

August 16, 2022  ·  By HM&M

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Victim Seeks Damages from Illinois’ Largest Independent Multispecialty Physician Group

DuPage Medical Group, also known as Duly Health & Care, is under fire for negligence in a sexual abuse lawsuit. Chicago-based law firm Hurley McKenna & Mertz named Illinois’ largest independent multi-specialty physician group as a defendant in an April 30, 2021 filing, by a female patient accusing obstetrician-gynecologist Vernon Cannon, M.D. of Bloomingdale, Illinois, of sexual battery during a gynecologic examination at a DMG facility.

The adult female, known to the court as Jane Doe, had been a long-standing patient of Cannon, until a May 25, 2018, colposcopy—an outpatient gynecological medical diagnostic procedure—performed at a DuPage Medical Group facility. Jane Doe alleges that, during the appointment, Cannon initiated unconsented and unwelcomed physical and sexual contact.

“Sexual abuse in the doctor-patient setting violates the foundation of a relationship that must be built on trust,” explained Evan Smola, partner at Hurley McKenna & Mertz. “We allege that DuPage Medical Group, despite repeated reports of Dr. Cannon practicing while intoxicated, did nothing to investigate the reports or discipline Dr. Cannon. My client wants answers as to how this could happen at such a sophisticated practice. We would encourage anyone with any information about Dr. Cannon or DuPage Medical Group to come forward.”

The lawsuit seeks damages for Doe’s trauma at the hands of Cannon and the negligence of DuPage Medical Group.

With more than 750 physicians and 120 Chicagoland locations, DuPage Medical Group states on its website that it has grown into one of “the largest and most suc­cess­ful inde­pen­dent mul­ti-spe­cial­ty physi­cian groups in Illinois.” According to the lawsuit, DuPage Medical Group owed Doe, as its patient, “a duty to implement policies and procedures, screen physicians, and supervise physicians so as to prevent sexual battery by gynecologists.”

According to the Complaint, DuPage Medical Group’s own records document multiple reports from patients about Cannon practicing while intoxicated. Despite these reports, the Complaint alleges that DuPage Medical Group did nothing over an 18-month period to investigate them or discipline Dr. Cannon. Research shows that alcohol contributes to approximately fifty percent of all sexual assaults.

The lawsuit alleges that DuPage Medical Group negligently retained Cannon when it knew or should have known he examined patients while under the influence of alcohol and that DuPage Medical Group failed to adequately supervise Dr. Cannon during his interactions with female patients in light of his history.

The case is pending in the Circuit Court of Cook County.

Were You a Victim of Sexual Abuse at DuPage Medical Group?

Hurley McKenna & Mertz can help. HM&M has the experience and resources necessary to get justice from the large and powerful institutions that too often failed to prevent or stop the abuse. Even if the abuse took place years ago, the law can permit you to seek damages from those institutions.

For a confidential and free consultation about your circumstances, contact us here.

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