Bong Jin Kim v. Nazarian

576 N.E.2d 427, 216 Ill. App. 3d 818, 159 Ill. Dec. 758, 1991 Ill. App. LEXIS 1225
CourtAppellate Court of Illinois
DecidedJuly 19, 1991
Docket2-90-1005
StatusPublished
Cited by22 cases

This text of 576 N.E.2d 427 (Bong Jin Kim v. Nazarian) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bong Jin Kim v. Nazarian, 576 N.E.2d 427, 216 Ill. App. 3d 818, 159 Ill. Dec. 758, 1991 Ill. App. LEXIS 1225 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE REINHARD

delivered the opinion of the court:

Plaintiffs, Bong Jin Kim and Young Sil Kim, parents and next friends of Linda Sung Hee Kim (Linda), brought the instant medical malpractice action in the circuit court of Lake County to recover from defendants, Gordon R. Nazarian, M.D., and Lake County Radiology Associates, S.C. (Lake County Radiology), for their failure to diagnose Linda’s illness. Following trial, the jury returned a verdict in favor of defendants, and plaintiffs now appeal.

At issue on appeal is whether the trial court committed reversible error in allowing defendants’ expert witnesses, in the process of giving their own expert opinions, to testify regarding the corroborative opinions of nontestifying experts with whom they consulted.

In April 1982, Linda, then a 13-year-old student at Hawthorne Junior High School, experienced pain in her right hip while engaged in gymnastics at school. A few days later, Linda was examined by her family physician, Dr. Pu Woong Kim (no relation), who recommended that Linda not engage in gymnastics for a while and wrote her a prescription for an X ray. The X ray was taken on May 8, 1982, at Con-dell Memorial Hospital (Condell) under the direction of Lake County Radiology. Defendant Gordon R. Nazarian, M.D., a radiologist and an independent contractor employed by Lake County Radiology, examined the X ray and determined that it was normal.

During the summer of 1982, Linda stopped exercising, and the pain in her hip “got better.” When she started riding a bicycle, however, the pain returned. It subsided when she stopped riding, so Linda thought the pain was the result of exercising or using her hip too much. In the fall of 1982, Linda’s hip was stiff and inflexible, and she experienced throbbing pain at times.

Subsequently, in February 1983, Mr. Kim noticed that Linda walked with a slight limp. In April 1983 Linda was examined by Dr. James R. Creath, an orthopedic surgeon. Dr. Creath directed Linda to have another X ray taken. After concluding that the X ray revealed an abnormality, Dr. Creath referred Linda to Dr. Mihran D. Tachdjian, a licensed and board-certified pediatric orthopedic surgeon. Dr. Tachdjian had served as a professor of orthopedic surgery at Northwestern Medical School and had published a textbook on pediatric orthopedics.

Dr. Tachdjian first saw Linda on April 20, 1983, and he recommended that Linda be hospitalized in order to examine her. CAT scans revealed signs consistent with a diagnosis of tuberculosis of the hip bone. Dr. Tachdjian performed surgery to confirm this diagnosis. A pathologist’s test of the tissue removed during surgery confirmed that Linda had tuberculosis of the hip. On July 5, 1983, he performed a second surgical operation on Linda’s hip to clean the joint of infected tissue.

In 1985, plaintiffs filed a 12-count complaint in the circuit court of Cook County against Dr. Kim, Condell, Dr. Nazarian, and Lake County Radiology alleging various acts of negligence in failing to detect Linda’s condition earlier. That action was transferred to the circuit court of Lake County on October 23, 1985. A second amended complaint was filed November 18, 1986. After plaintiffs’ complaint was dismissed without prejudice as to Dr. Nazarian for failure to exercise due diligence in serving him (134 Ill. 2d R. 103(b)), plaintiffs filed a new complaint against Nazarian pursuant to section 13 — 217 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1989, ch. 110, par. 13— 217). The circuit court granted plaintiffs’ motion to consolidate the existing case with the newly filed action against Dr. Nazarian. Dr. Kim’s motion for summary judgment on those counts of plaintiffs’ complaint directed against him was granted on October 11, 1988, and is not an issue in this appeal.

Plaintiffs’ six-count, third amended complaint was filed March 16, 1990, and named Condell, Lake County Radiology, and Dr. Nazarian as defendants. All six counts were based on defendants’ alleged negligence in failing to diagnose the abnormality in Linda’s X ray, and each of the three defendants was the subject of one count seeking recovery for Linda’s injuries and one count pursuant to the statutory provision regarding family expenses (Ill. Rev. Stat. 1989, ch. 40, par. 1015) to recover payments made by Linda’s parents for her medical expenses.

Defendants’ answers to the complaint denied that they were negligent in reading Linda’s X ray. Defendants also put forth as an affirmative defense plaintiffs’ comparative fault in failing to bring Linda to the doctor in light of her continuing pain. The court subsequently dismissed Condell from the action pursuant to plaintiffs’ motion. This ruling has not been appealed.

Prior to trial, plaintiffs filed a motion in limine seeking, inter alia, to have the trial court prevent defendants’ experts from testifying to the opinions of other nontestifying doctors with whom they may have consulted regarding Linda’s X rays. The trial court denied this motion in limine.

The cause proceeded to trial on April 10, 1990. During his opening statement, defendants’ attorney made the following remarks in regard to the anticipated testimony of defendants’ expert witnesses:

“MR. FELIX: *** Dr. Richard Buenger — he just stepped down as Chairman of the Radiology Department down in St. Luke’s Hospital, down in Chicago. He is also a general radiologist, and he will also tell you in his work what he does is consult with other doctors on the staff, other radiologists, to make sure his opinion is correct. And he did that. He reviewed this with several radiologists on his staff, including a specialist in child radiology pictures. And they all agreed it was normal.
MR. BRUSSLAN [plaintiffs’ attorney]: Your honor, I would like to make an objection at this time with regard to the point of the consulting radiologist.
THE COURT: Your objection is noted. Continue, please.
MR. FELIX: Thank you, your Honor.
The other doctor who saw the X-rays in the same context as Dr. Nazarian is a fellow by the name of Dr. Mandel Schwartz. He is the Chief Radiologist over here at Victory Hospital. He will tell you he looked at these X-rays. *** He said those X-rays are absolutely normal. And you will hear him say that. And he also consulted with his partner in the course of developing and confirming his opinion of these X-rays. The partner agreed they were normal.”

Plaintiffs’ case began with the testimony of Mr. Kim, who stated that Linda never complained of pain in her hip after the consultation with Dr. Kim. Mr. Kim stated that Dr. Kim never told him to bring Linda in again if the pain persisted.

Plaintiffs called Dr. Nazarian as an adverse witness pursuant to section 2 — 1102 of the Code (Ill. Rev. Stat. 1989, ch. 110, par. 2— 1102). Dr. Nazarian testified that the three X rays taken of plaintiff on May 8, 1982, which he again viewed in the courtroom, were “normal.” Dr. Nazarian stated that certain darkened areas in the X rays, or “radiolucency,” were the result of “technique” and would not indicate an abnormal finding. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
576 N.E.2d 427, 216 Ill. App. 3d 818, 159 Ill. Dec. 758, 1991 Ill. App. LEXIS 1225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bong-jin-kim-v-nazarian-illappct-1991.