Travis Zuellig Feb. 1, 2016, 2:28pm

CHICAGO — A former patient is suing Rush University Medical Center, the orthopedics department and a doctor, alleging breach of duty and negligence.

Daniel Hir filed a lawsuit Jan. 27 in Cook County Circuit Court against Dr. Richard Berger  and Midwest Orthopedics at Rush, and Rush University Medical Center, Rush System for Health and Dr. Roshan Shah as respondents in discovery.

According to the complaint, in September 2013, Hir came to Berger with complaints of pain in his left hip, and on Jan. 30, 2014, Berger preformed a minimally invasive left total hip arthroplasty, and was assisted by Shah.

The suit says on Feb. 13, 2014, Hir went in for a follow-up, and Berger documented the plaintiff was doing very well. Over time, however, the lawsuit states Hir developed a fever, pain in the incision and his condition worsened.

On March 10, 2014, the suit states the plaintiff suspected infection and Berger preformed drainage of the infected left hip. The complaint states Berger owed Hir a duty to possess and use the knowledge, skill and care associated with a reasonable careful surgeon and as a result of the negligent act, the plaintiff has suffered personal and pecuniary injuries.

Hir seeks damages of more than $50,000, plus costs of the suit, against all the defendants. He is represented by attorney Evan M. Smola of Hurley McKenna & Mertz PC in Chicago.

Cook County Circuit Court Case number 2016-L00925

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