Clark v. Galen Hosp. Illinois, Inc.

748 N.E.2d 1238, 322 Ill. App. 3d 64, 255 Ill. Dec. 168
CourtAppellate Court of Illinois
DecidedMay 1, 2001
Docket1-99-3152
StatusPublished
Cited by5 cases

This text of 748 N.E.2d 1238 (Clark v. Galen Hosp. Illinois, Inc.) 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
Clark v. Galen Hosp. Illinois, Inc., 748 N.E.2d 1238, 322 Ill. App. 3d 64, 255 Ill. Dec. 168 (Ill. Ct. App. 2001).

Opinion

748 N.E.2d 1238 (2001)
322 Ill. App.3d 64
255 Ill.Dec. 168

Latonia CLARK, Special Adm'r of the Estate of Ashanti Beasley, Deceased, Plaintiff-Appellant,
v.
GALEN HOSPITAL ILLINOIS, INC., d/b/a Columbia Michael Reese Hospital and Medical Center; Zubair Amin # 6200; Wasef, a/k/a Vassef; and Nenette Alonzo, Defendants-Appellees (John B. Payton, Defendant; Dr. # 1341, a/k/a Baurlygen, respondent in discovery).

No. 1-99-3152.

Appellate Court of Illinois, First District, Second Division.

May 1, 2001.

*1240 Steven B. Muslin, Thomas J. Rainville, Jr., Steven B. Muslin, Ltd., Chicago, for Plaintiff-Appellant.

Lord, Bissell & Brook, Chicago (Hugh C. Griffin, Hugh S. Balsam, Stevie A. Kish and Christine M. Roman, of counsel), for Defendants-Appellees.

Robert Marc Chemers, Richard M. Waris, Scott L. Howie, Pretzel & Stouffer, Ctd., Chicago, for Defendant-Appellee Samir Wassef, M.D.

Justice COUSINS delivered the opinion of the court:

Plaintiff Latonia Clark, as administrator of the estate of Ashanti Beasley, brought a medical negligence action to recover damages for the wrongful death of her son, Ashanti Beasley. Plaintiff sued defendants Galen Hospital Illinois, Inc., d/b/a Columbia Michael Reese Hospital and Medical Center (Michael Reese Hospital); John B. Payton, M.D.; Dr. Zubair Amin # 6200; Dr. Wasef, a/k/a Vassef (Wasef); Nenette Alonzo, R.N.; and Dr. # 1341 Respondent in Discovery, a/k/a Dr. Baurlygen, for failure to properly diagnose and treat her son, who allegedly died as a result of sepsis brought on by a dislodged venus catheter on September 22, 1995.

Defendants Dr. Wasef, Michael Reese Hospital, Dr. Amin and nurse Alonzo filed motions to dismiss, alleging that the suit was barred by the two-year statute of limitations governing medical malpractice actions. 735 ILCS 5/13-212(a) (West 1998). The trial court granted the defendants' motions and dismissed the suit.[1]

On appeal, plaintiff argues that the trial court erred by finding that the death of plaintiff's infant on September 22, 1995, constituted a traumatic injury which triggered the statute of limitations. Rather, plaintiff contends that the statute of limitations commenced when she received an expert's report, on April 11, 1997, which revealed that death was due to a dislodged venus catheter.

BACKGROUND

On August 28, 1995, plaintiff gave birth to Ashanti Beasley, a 23-week-old premature boy, at Michael Reese Hospital. He was transferred to the University of Illinois Hospital at Chicago on September 9, 1995. The infant died on September 22, 1995. The medical certificate of death, filed on October 31, 1995, stated that Ashanti died from septic shock due to disseminated intravascular coagulation. At the time of death, plaintiff alleges that she was told "the baby died because of complications *1241 due to it [sic] being premature, having an infection and low birth weight, and because his blood was clotting and he couldn't tolerate all the transfusions."

Plaintiff alleges that on February 27, 1996, five months after Ashanti's death, she first sought legal counsel from Hertzel Levine, who agreed to determine if she had a cause of action. At this meeting, plaintiff consented to the release of the infant's medical records. However, plaintiff was never contacted by Mr. Levine again.

Plaintiff subsequently retained her present attorney, obtained the infant's medical records, and hired a medical expert, neonatologist Dr. Stuart Danoff. On April 11, 1997, plaintiff received a report from Dr. Danoff. His report stated:

"That following said review, I am of the opinion that there is a reasonable and meritorious cause for the filing of the action against each of the following defendants: Galen Hospital Illinois, Inc., * * * Zubair Amin, M.D., Dr. Wassef and Nenette Alonzo, for all of the following reasons:
a. Failed to order x-rays after the insertion and placement of UVC's and UAC's;
b. Failed to properly manage plaintiff's decedent to insure x-rays were ordered and read;
c. Failed to take due cognizance of the condition of ill being of plaintiff's decedent and immediately order x-rays which would have clearly established a problem with the UVC;
d. Failed to provide proper and adequate neonatal/pediatric care to plaintiff's decedent as stated above;
e. Failed to consult with physicians skilled in other specialities of medicine and capable of properly and timely diagnosing and treating plaintiff's decedent;
f. Improperly cut the UVC line and/or improperly dislodged the UVC line.
As a direct and proximate result of one or more of the foregoing wrongful acts and/or omissions of the defendants, * * * Ashanti Beasley died on September 22, 1995."

Approximately 10 months after receiving Danoff's report, plaintiff filed her original complaint for medical negligence on February 19, 1998. On June 25, 1998, Dr. Wasef moved to dismiss the complaint pursuant to section 2-619(a)(5) (735 ILCS 5/2-619(a)(5) (West 1998)) as time-barred under section 13-212(a) (735 ILCS 5/13-212(a) (West 1998)) because plaintiff failed to file it within two years of the infant's death. In response, plaintiff asserted that she did not learn that negligence could have caused the infant's death until April 1997, when she received Dr. Danoff's report. The trial court dismissed plaintiff's complaint without prejudice.

On November 12, 1998, plaintiff filed her first amended complaint, which added that she first sought legal counsel on February 27, 1996. Dr. Wasef again moved to dismiss the action as time-barred. The trial court granted the second motion to dismiss without prejudice, with directions that the subsequent complaint should specify:

"when and how plaintiff was put on notice * * * plaintiff's argument is right that she had no notice and couldn't have known what the negligence was at the time of the death of her child. There had to be something between then and when she went to the lawyer, and I want at least that to be spelled out in the complaint with regard to when."

In plaintiff's second amended complaint, she made the following allegations to support her view that she had no notice of the wrongful nature of the infant's death until April 1997:

*1242 "Plaintiff did not discover that decedent Ashanti Beasley's death was wrongfully caused by the negligence of the Defendants, or became possessed with sufficient information concerning the cause of his death until April of 1997 when neonatologist Stuart Danoff M.D. reviewed the only available records in this cause and determined that the death was wrongfully caused and did not die solely from complications due to being premature, having an infection, low birth weight, and because his blood was clotting and he couldn't tolerate all the transfusions, and conveyed that fact to her attorneys.

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Cite This Page — Counsel Stack

Bluebook (online)
748 N.E.2d 1238, 322 Ill. App. 3d 64, 255 Ill. Dec. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-galen-hosp-illinois-inc-illappct-2001.