Bowman v. University of Chicago Hospitals

852 N.E.2d 383, 366 Ill. App. 3d 577, 304 Ill. Dec. 133, 2006 Ill. App. LEXIS 540
CourtAppellate Court of Illinois
DecidedJune 26, 2006
Docket1-04-2478
StatusPublished
Cited by16 cases

This text of 852 N.E.2d 383 (Bowman v. University of Chicago Hospitals) 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
Bowman v. University of Chicago Hospitals, 852 N.E.2d 383, 366 Ill. App. 3d 577, 304 Ill. Dec. 133, 2006 Ill. App. LEXIS 540 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE CAHILL

delivered the opinion of the court:

Plaintiff Belinda Bowman brought a medical negligence action against defendants University of Chicago Hospitals, Dr. Kwang-Sun Lee and Dr. Michael Schreiber after her newborn son Solomon died in defendant hospital’s neonatal intensive care unit. Plaintiff dismissed defendant Schreiber before trial. A jury found in favor of defendants and against plaintiff. Plaintiff appeals, claiming: (1) the jury’s verdict was against the manifest weight of the evidence; (2) the trial court erred in denying her motion for a directed verdict; and (3) the trial court allowed improper cross-examination of plaintiffs expert witnesses. We affirm.

The evidence at trial showed the following facts. Solomon was delivered prematurely in an emergency caesarian section at defendant hospital on August 6, 1999. (All dates that follow are in the year 1999 unless otherwise noted.) Solomon was placed on a ventilator with an endotracheal tube and started on antibiotics because of the risk of infection. On August 9, cultures taken from him were negative for an infection and antibiotics were discontinued. Solomon’s physicians became concerned about a possible infection again on August 13, but a culture from Solomon’s endotracheal tube was negative. From then until August 21, Solomon appeared to be progressing well. Then Solomon’s blood counts began to change, including a “shift to the left,” a particular type of change in the blood count. Solomon looked clinically ill late on August 25 or early on August 26. His physicians conducted additional tests and gave him antibiotics, but he developed an infection and septic shock. Solomon died on August 28.

Plaintiff presented the testimony of defendant Lee, who testified as an adverse witness under section 2 — 1102 of the Code of Civil Procedure (735 ILCS 5/2 — 1102 (West 2000)). Lee said Solomon was born prematurely and died from pneumonia and sepsis. Lee agreed that a pseudomonas organism colonized at the site of the baby’s trachea, then went to the lungs and bloodstream. Lee testified that if doctors suspect sepsis based on a baby’s clinical signs, they perform blood tests and administer antibiotics. Lee testified that if a baby has a colonization of pseudomonas organisms, the condition is not treated unless the baby shows signs of infection, pneumonia or sepsis. He said pseudomonas is rare. He testified that he met the standard of care in this case. Lee admitted that a chest X ray on August 26 showed “a density which is compatible with pneumonia.” Lee said he thought pseudomonas was “quite possible” when the baby became seriously ill. He testified that an infectious disease doctor ordered a pseudomonasspecific antibiotic for Solomon on August 27.

Dr. Blaise Congeni, a pediatric infectious disease specialist, testifled as plaintiffs expert. Congeni said his opinions were based on Solomon’s hospital chart. He said Lee deviated from the standard of care in treating Solomon. He opined that if a tracheal and aspirate culture had been taken on August 22, the presence of pseudomonas would have been known by August 23, and that the standard of care specified that antibiotics should have been given at that time. Congeni testified that there was no culture until August 26 and no therapy until August 27. He opined that had Solomon been given pseudomonas therapy by August 24, he would have survived. He agreed that Solomon “was doing pretty well symptomologically up until *** the late evening of the 25th.” He said the medical term “shift to the left” means that a blood count has shifted toward more immature cells. He said infection soon comes to mind when a “shift to the left” is seen. He gave his opinion to a reasonable degree of medical certainty that Lee deviated from the standard of care. He testified that the deviation was a failure to respond to the “shift to the left,” to do a culture on August 22 and to provide pseudomonas therapy on August 23. This, he testified, caused or contributed to Solomon’s death.

Congeni admitted on cross-examination that a “shift to the left” can have causes other than infection. He testified that 99% or more of his practice deals with children older and bigger than Solomon. He said a bad result from a doctor’s judgment call is not the same as medical negligence. Defense counsel asked Congeni if textbooks would contain useful information. Plaintiffs counsel objected on the basis that defense counsel intended to introduce literature that the witness had not designated as authoritative, but only as helpful and reliable. Congeni testified in response to the objection that he considered the pediatric textbook by Drs. Jack S. Remington and Jerome O. Klein to be a standard, well-respected text. A table from the Remington and Klein text was admitted into evidence. The table showed the outcomes of neonatal bacterial systemic infection at Parkland Memorial Hospital from 1969 to 1989. The table showed a 76% mortality rate in babies with pseudomonas. Congeni agreed with statements from the text that bacterial infection may “masquerade” as other noninfectious conditions and that signs and symptoms of an infection may be vague and misleading. On redirect, Congeni testified that the standard of care required a sputum and blood culture on August 22.

Plaintiff called Dr. Marcus Hermansen, a pediatrician and neonatologist. Hermansen testified that Lee deviated from the standard of care in his treatment of Solomon and that those deviations were the direct cause of the baby’s death. He said Lee deviated from the standard of care by not obtaining cultures on August 21 when infection should have been ruled out as part of a differential diagnosis. Hermansen said that, based on the information about the baby on August 21, he would have been “highly suspicious for an infection.” He opined that had antibiotics against pseudomonas been started on August 21, 22 or 23, the baby would have recovered and survived. Hermansen said he receives 15% to 20% of his income from medical/legal work and he reviews more cases for plaintiffs than for defendants.

Hermansen said on cross-examination that Solomon’s risk factors at birth gave him a 75% to 80% chance of survival. He testified that there is a statistically significant association between intrauterine growth restriction, which Solomon had suffered, and neonatal death. During questioning on blood counts, Hermansen testified that “two very good authors to look at” on the subject were doctors other than Remington and Klein. Plaintiff objected to questions about the works of those other authors which the court overruled. Hermansen called the textbook “Infectious Diseases of the Newborn” by Remington and Klein a “very good book.” He agreed that virtually everyone in his field is aware of it, it is a “standard book” and “a good source.” When defense counsel asked whether the text suggested a point at which certain blood counts required action, plaintiffs counsel objected and the trial court sustained the objection.

Plaintiff called Dr. David Jung, a senior resident at defendant hospital in 1999. Jung testified he remembered plaintiff and Solomon. He said that a pseudomonas infection is one of the major hospital-acquired infections and infants on respirators are targets for the infection. He said an infection was not ruled out in Solomon’s case from August 21 to 26.

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Bluebook (online)
852 N.E.2d 383, 366 Ill. App. 3d 577, 304 Ill. Dec. 133, 2006 Ill. App. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-university-of-chicago-hospitals-illappct-2006.