Carter v. Azaran

774 N.E.2d 400, 332 Ill. App. 3d 948, 266 Ill. Dec. 294, 2002 Ill. App. LEXIS 609
CourtAppellate Court of Illinois
DecidedJuly 22, 2002
Docket1-01-0736
StatusPublished
Cited by20 cases

This text of 774 N.E.2d 400 (Carter v. Azaran) 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
Carter v. Azaran, 774 N.E.2d 400, 332 Ill. App. 3d 948, 266 Ill. Dec. 294, 2002 Ill. App. LEXIS 609 (Ill. Ct. App. 2002).

Opinion

PRESIDING JUSTICE COHEN

delivered the opinion of the court:

Plaintiff Elizabeth Carter, independent administrator of the estate of her deceased husband, Paul Carter (Paul), sued defendant Dr. Abdol Azaran for medical negligence arising out of defendant’s treatment of Paul. Following trial, a jury awarded plaintiff $385,000 for aggravation of Paul’s preexisting conditions, $1,060,000 for pain and suffering, and $55,172 for medical expenses. Defendant was granted a setoff of $125,000 in recognition of plaintiffs prior settlement with the nursing home where defendant was employed. After awarding plaintiff certain costs and granting defendant a remittitur of $1,063 for certain medical expenses, the trial court entered judgment in favor of plaintiff for $1,375,172.

On appeal, defendant first argues that the trial court erred in limiting the cross-examination of three witnesses. Defendant further argues that he is entitled to judgment notwithstanding the verdict or a new trial because the jury’s award for pain and suffering was improperly based on speculation and was not supported by the evidence. Finally, defendant argues that he is entitled to a substantial remittitur because the award for pain and suffering was excessive and because Paul would have incurred certain medical expenses regardless of defendant’s negligence. For the following reasons, we affirm.

BACKGROUND

Plaintiff filed suit as independent administrator of her late husband Paul’s estate against defendant and The Imperial of Hazel-crest nursing facility (Imperial) alleging medical negligence for failure to properly treat Paul’s diabetes. Plaintiff voluntarily dismissed Imperial with prejudice following a $125,000 settlement and then proceeded to trial against defendant.

At trial, plaintiff testified that she had known Paul for approximately 44 years and that Paul had been diabetic “[e]ver since right after [plaintiff] met him.” According to plaintiff, Paul had required daily injections of insulin since late 1988. Paul began to develop symptoms of Alzheimer’s disease in 1992 and in February 1994 was admitted to Glenwood Nursing Home. Following a fall in December 1994 at Glenwood, Paul was admitted to St. James Hospital. Doctors there determined that Paul had suffered a stroke and diagnosed him with spinal canal stenosis, pneumonia, fever, a urinary tract infection and dehydration. During his St. James admission, Paul became bedridden and developed a decubitus ulcer (bedsore) on his lower back.

Following Paul’s discharge from St. James on January 13, 1995, plaintiff had Paul admitted to Imperial because she believed Imperial offered better care for bedridden patients. Paul was placed under the care of defendant Dr. Azaran, Imperial’s medical director. Plaintiff informed defendant that Paul was diabetic and required daily insulin. At this time, defendant continued an order entered by the attending physician at St. James directing that Paul be given a daily dose of Humulin N, a long-acting form of insulin.

On January 19, 1995, defendant transferred Paul to Ingalls Memorial Hospital for treatment of a urinary tract infection. Based upon Paul’s condition while at Ingalls, defendant continued the order for Humulin N, ordered blood glucose monitoring four times a day, and directed that Paul be given varying doses of Humulin R, a fast-acting form of insulin, should his blood glucose exceed specified levels. Because Paul was eating less at the time, defendant discontinued the order for Humulin N on January 26, 1995.

Paul was released from Ingalls and readmitted to Imperial on February 1, 1995. Traci Foster, a nurse employed by Imperial at the time of Paul’s second admission, testified that her supervisor, Anne Ndyetabula, copied orders for medication for Paul from a transfer form received from Ingalls onto a physician order sheet used by Imperial. Among the orders copied from the transfer form to the physician order sheet were: (1) an order for blood glucose monitoring to be conducted before meals and at bedtime; and (2) an order for various doses of Humulin R to be administered should Paul’s blood glucose exceed specified limits. No Humulin N was ordered. Nurse Foster spoke with defendant by phone to confirm the orders included on the forms. Nurse Foster testified that, after defendant directed her to discontinue the orders for blood glucose monitoring and Humulin R, she wrote “D/C” next to each of these orders. Nurse Foster then faxed or telephoned the verified orders to the pharmacy. Defendant signed the orders two days later.

In addition, Nurse Foster read into the record her initial nursing note entered on February 1, 1995. Nurse Foster’s note reflected a long-term diagnosis of dementia, Alzheimer’s, seizure disorder, diabetes, a tumor of the lung, decubitus ulcers, fever and sepsis. The note recorded a decubitus ulcer four inches in diameter on Paul’s tailbone and a 1- to DA-inch diameter decubitus ulcer on his right heel. Upon admission, Paul was verbally unresponsive but responded to tactile stimuli by making eye contact. On defendant’s cross-examination of Nurse Foster, the trial court sustained plaintiffs objections to several questions regarding Paul’s condition subsequent to March 17, 1995, on the basis that such questions were irrelevant and beyond the scope of direct examination.

During Paul’s second admission to Imperial, plaintiff visited Paul three times a day because he could not feed himself but refused to eat for the nursing staff. Plaintiff noticed that during this admission Paul “would mostly just be there. I mean, ask him questions and he would blink his eyes for answers. But he just slowly went down.” Plaintiff testified that Paul would answer questions about whether he was in pain by blinking, “but sometimes it would confuse you.” Plaintiff testified that Paul’s appetite “slightened up” during his second admission to Imperial.

On February 20, 1995, plaintiff arrived at Imperial to feed Paul his lunch; however, when plaintiff began to feed him Paul started choking. Plaintiff ran to the nursing station and the nurses contacted defendant by telephone. Plaintiff spoke with defendant briefly and told him that Paul needed to go to the hospital. Defendant told plaintiff, “well, don’t worry if he didn’t eat for you, take him tomorrow,” and hung up. Plaintiff returned to the nursing station and asked whether Paul had received his insulin. The nurse informed plaintiff that Paul was not on insulin. Paul’s blood glucose level was then tested and was well above normal levels. Beginning at 2:30 p.m. on February 20, the nursing staff paged defendant three times. Plaintiff insisted that Paul be taken to the hospital immediately. When defendant had not returned the nursing staff’s pages by 3 p.m., Paul was transferred to Ingalls Hospital at the direction of Imperial’s director of nursing. Defendant finally called the nursing staff at 6 p.m. and ordered that Paul be transferred to Ingalls for evaluation.

Paul was admitted to Ingalls on February 20, 1995, with elevated blood glucose levels, dehydration, multiple decubitus ulcers, left lower lobe pneumonia and a urinary tract infection. Doctors at Ingalls inserted a central line to replenish fluids, inadvertently puncturing Paul’s lung and causing a pneumothorax (collapsed lung). Doctors also determined that Paul had suffered a subendocardial myocardial infarction (minor heart attack).

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Cite This Page — Counsel Stack

Bluebook (online)
774 N.E.2d 400, 332 Ill. App. 3d 948, 266 Ill. Dec. 294, 2002 Ill. App. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-azaran-illappct-2002.