Burrow v. Widder

368 N.E.2d 443, 52 Ill. App. 3d 1017, 10 Ill. Dec. 848, 1977 Ill. App. LEXIS 3405
CourtAppellate Court of Illinois
DecidedSeptember 2, 1977
Docket63048
StatusPublished
Cited by19 cases

This text of 368 N.E.2d 443 (Burrow v. Widder) 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
Burrow v. Widder, 368 N.E.2d 443, 52 Ill. App. 3d 1017, 10 Ill. Dec. 848, 1977 Ill. App. LEXIS 3405 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE MEJDA

delivered the opinion of the court:

Defendant, Dr. John B. O’Donoghue, appeals from a judgment entered on the verdict against him and other doctor-defendants in a medical malpractice action brought by plaintiff, Deborah Burrow. He contends: (1) plaintiff failed to establish by expert testimony that he deviated from an accepted standard of medical and surgical care and that his actions were the proximate cause of her injury; (2) the trial court improperly refused to allow his counsel to examine a co-defendant immediately following plaintiff’s examination of the co-defendant called as an adverse witness; and (3) the damages awarded are excessive.

In July 1969, Deborah Burrow, a 15-year-old diabetic, underwent surgery for a possible appendicitis; she has never regained consciousness and remains in a semi-comatose condition. Deborah and her parents, Darlene Burrow and Norbert Burrow, brought this action against defendants, Dr. Edith Widder, an anesthesiologist; Dr. John B. O’Donoghue, a surgeon; Dr. Edward J. Winter, an internist; and Little Company of Mary Hospital. Special conservators were appointed for Deborah in the proceedings. At the close of evidence a directed verdict was granted in favor of the hospital. The jury returned verdicts holding Doctors Widder, O’Donoghue and Winter jointly liable, and assessing damages in the amount of *1,500,000 in favor of Deborah, and *1,000,000 in favor of her parents. Judgments were entered accordingly.

After each defendant had filed a post-trial motion for judgment notwithstanding the verdict and for new trial, covenants not to execute upon the judgments were entered into by plaintiffs with Dr. Widder under which the latter paid *600,000 to the estate of Deborah and *600,000 to the parents. The trial court subsequently denied the post-trial motions, conditioned as to the parents upon their remittitur of *400,000, to which the parents consented. They accepted the payment from Dr. Widder in full satisfaction of their judgment. Therefore, the parents’ judgment is not before this court.

Thereafter, notices of appeal were filed by Drs. O’Donoghue and Winter. Dr. Winter and Deborah’s conservators then entered into a covenant not to execute upon her judgment under which Dr. Winter paid *200,000 and dismissed his appeal. Dr. O’Donoghue appeals from the judgment in favor of Deborah which remains unsatisfied in the amount of *700,000, excluding interest and costs.

The trial of this cause was long and complex, involving a hospital and three of its staff physicians, each practicing within his or her own specialty. Their actions concerning this patient were to an extent interrelated. However, only one of the physicians is before this court, and we are called upon to isolate his activity from that of his colleagues to determine whether the evidence establishes malpractice on his part.

The evidence adduced at trial is voluminous; the testimony is necessarily detailed. What follows immediately is an overview of the treatment given Deborah by all defendants. More detailed testimony concerning the role of Dr. O’Donoghue is set forth in our discussion of the issues.

In 1967, Deborah Burrow, then 13 years old, was diagnosed as a diabetic. During a period of hospitalization at that time she was seen regularly by Dr. Winter, a specialist in internal medicine. After her release from the hospital, she continued to be treated by Dr. Winter’s partner, Dr. Vil, also an internist. Deborah learned the technique of self-administering daily injections of insulin, and she also learned to test her urine for sugar and acetone. In other respects she lived a normal fife; she achieved good grades in school and participated in physical activities. Her diabetes appeared well controlled.

At about 1 p.m. on July 9, 1969, Deborah and her mother came to the office of Doctors Winter and Vil. She was examined by Dr. Winter. She told him that she had had diarrhea the day before and abdominal pain since that morning. Her abdomen was tender in the right lower quadrant, though Dr. Winter found no rebound tenderness. The turgor of her skin demonstrated that she was dry and dehydrated. She was lethargic. Her sugar was strong and positive, and there was acetone in the urine. Dr. Winter recorded her history and ordered blood tests. The tests showed high hemoglobin and hematocrit readings, and an elevated white blood cell count. On the basis of the history, physical examination and his interpretation of the blood tests, Dr. Winter formed a clinical diagnosis of ketoacidosis (a state of metabolic imbalance) and possible appendicitis. He discussed the matter with Deborah’s mother. He recommended hospitalization.

Because of the possibility of appendicitis, Dr. Winter asked Dr. O’Donoghue, who had an office in the same building, to examine Deborah and give his opinion as a surgeon. Dr. O’Donoghue reviewed her history as recorded by Dr. Winter. In addition to the facts contained therein, he noted that she was nauseated; he “understood” that she had vomited prior to coming to the office, although Dr. Winter’s record indicated otherwise. Upon physical examination, he found that her abdomen was flat, which he interpreted as indicating distention. He did not test for rebound tenderness. She responded to palpation of the right side below the beltline. Dr. O’Donoghue also formed a diagnosis of possible appendicitis and ketoacidosis.

Deborah was taken to Little Company of Mary Hospital by her mother at about 3 p.m. She was admitted under the care of Dr. Winter. The admitting orders sent by Dr. Winter requested a determination of serum electrolytes, urine analysis and blood tests. The order also directed that she be given insulin subcutaneously and a liter of Ringer’s lactate solution intravenously. At about 3:30 p.m. Dr. Winter saw Deborah in the hospital and observed no difference in her appearance.

At about 7 p.m. Dr. O’Donoghue examined Deborah. She again complained of pain in her right lower quadrant. Dr. O’Donoghue reexamined Deborah’s abdomen and reviewed an X ray of the area taken on admission. The X ray revealed a collection of gas in the right lower quadrant. The results of the tests ordered by Dr. Winter were available. Dr. O’Donoghue reviewed these and noted a drop in the hematocrit and white blood cell count. The blood chemistries showed that the pH and potassium were below normal. He determined that the patient was not as dehydrated and lethargic as she had been during the examination at Dr. Winter’s office. Dr. O’Donoghue conferred with Dr. Winter by telephone and ordered a repeat “sodium, potassium, chloride, COg and pH blood sample” be obtained. He also ordered a portable chest X ray. Deborah’s parents were at the hospital; he spoke with them about their daughter’s condition and informed them that he would return to the hospital later that evening.

Dr. Winter returned to the hospital at about 7:30 p.m. He too reviewed the results of the tests he had ordered, and he also looked over the nurse’s notes, all orders, and the patient’s history. No progress notes had thus far been prepared. He examined Deborah and found her pulse and respirations rapid. He found that she was improving in regard to dehydration, and that she was controlling her sugar and experiencing diminished pain. He was less alarmed about her general condition, but had no conclusion with respect to the appendicitis.

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Bluebook (online)
368 N.E.2d 443, 52 Ill. App. 3d 1017, 10 Ill. Dec. 848, 1977 Ill. App. LEXIS 3405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burrow-v-widder-illappct-1977.