Doe v. Illinois State Medical Inter-Insurance Exchange

599 N.E.2d 983, 234 Ill. App. 3d 129, 174 Ill. Dec. 899, 1992 Ill. App. LEXIS 1084
CourtAppellate Court of Illinois
DecidedJune 23, 1992
Docket1-91-1666
StatusPublished
Cited by23 cases

This text of 599 N.E.2d 983 (Doe v. Illinois State Medical Inter-Insurance Exchange) 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
Doe v. Illinois State Medical Inter-Insurance Exchange, 599 N.E.2d 983, 234 Ill. App. 3d 129, 174 Ill. Dec. 899, 1992 Ill. App. LEXIS 1084 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

This appeal involves the construction of two insurance policies. John and Jane Doe successfully sued a physician for several acts of medical negligence committed against John in 1984. Jane’s action was based upon loss of John’s services and companionship. The doctor was insured under two consecutive policies issued by Illinois State Medical Inter-Insurance Exchange (insurer) during the subject periods. Plaintiffs secured a judgment against the doctor, for which the insurer tendered to plaintiffs $1 million, the “per claim” limits of the first policy, but denied coverage under the second policy.

Plaintiffs filed a declaratory action against the insurer, seeking a clarification of coverage under the policies. Both parties filed motions for summary judgment, which the circuit court denied to plaintiffs but granted in the insurer’s favor. Plaintiffs appeal, questioning among other issues whether (1) the insurer can deny coverage under the circumstances of this case; (2) the second insurance policy provided coverage for the doctor’s successive negligent acts; and (3) the doctor’s negligence fell within the aggregate limits of policy coverage requiring separate and discrete acts of negligence within the policy period.

On July 9, 1983, the insurer issued its policy to Dr. Gonzalo P. Magsaysay that covered him for acts of medical negligence he might commit between the period of July 1, 1983, through July 1, 1984. The policy provided $1 million in professional liability coverage for each claim arising within that period and $3 million in the aggregate for separate claims within the policy period. Dr. Magsaysay paid the insurer a premium of $22,308 per annum. A second policy, marked “renewal,” providing essentially the same coverage, applied to the period from July 1, 1984, to July 1, 1985, for which Dr. Magsaysay paid an increased premium of $23,068 per annum.

Plaintiffs’ underlying suit against Dr. Magsaysay for medical malpractice resulted in a jury verdict on June 22, 1990, in favor of plaintiffs in the amount of $2,452,500, after deducting 17% for John’s contributory negligence. The insurer paid to plaintiffs $1 million plus interest on September 4, 1990, under the policy issued to Dr. Magsaysay for the period from July 1, 1983, to July 1, 1984. Plaintiffs sought a declaration that the second policy, effective from July 1, 1984, to July 1, 1985, also applied to Dr. Magsaysay’s liability. The insurer answered, filed a counterclaim, and plaintiffs moved for judgment on the pleadings. Thereafter, the insurer moved for summary judgment and plaintiffs did the same. On April 26, 1991, the circuit court denied plaintiffs’ motion, granted the insurer’s motion and found that the insurer has no indemnity insurance liability for plaintiffs’ injuries under the July 1, 1984, to July 1,1985, policy.

To explicate the result in this appeal, the factual background in the underlying trial must be recounted. Dr. Mitchell V. Kaminski, Jr., a board-certified general surgeon, was called by plaintiffs as an expert witness. At plaintiffs’ request, he reviewed medical and hospital records involving examination and treatment of John during 1984. John had consulted Dr. Magsaysay on February 16, 1984, and complained of excessive thirst and urination. This suggested diabetes. Determining that John’s blood sugar level was significantly above normal, Dr. Magsaysay by telephone prescribed Diabinese. On February 24, 1984, he examined John, but did not get a blood sugar determination on that date or at any time thereafter through June 14, 1984. Dr. Kaminski stated that greater measures should have been taken in monitoring John’s blood sugar level during that period.

On June 14, 1984, Dr. Magsaysay by telephone prescribed for John the drug Lasix, a potent diuretic, without conducting an examination. In Dr. Kaminski’s opinion, prescribing a diuretic for a patient who was losing water due to diabetes was negligent behavior because Lasix would cause further dehydration. He added that, having prescribed Lasix, Dr. Magsaysay was again negligent in not properly monitoring or testing plaintiff. Dr. Kaminski was of the opinion that Dr. Magsaysay’s actions during this period fell below the acceptable standard of care in the community. Also, by prescribing Lasix, Dr. Kaminski concluded, Dr. Magsaysay caused plaintiff to develop pancreatitis, an opinion later concurred in by another of plaintiffs’ experts, Dr. Robert J. Baker, a surgeon who subsequently operated on plaintiff for this condition.

On July 26, 1984, after the insurer issued the second professional liability policy to Dr. Magsaysay, covering the period from July 1, 1984, to July 1, 1985, John again contacted Dr. Magsaysay, complaining of abdominal pain. The doctor prescribed Aldactazide, another potent diuretic; however, according to Dr. Kaminski, he again failed to properly follow John’s condition, since this diuretic, when taken in conjunction with another, required close monitoring. The doctor’s actions again were below the acceptable standard of care in the community. John visited Dr. Magsaysay on August 9, 1984, complaining of abdominal pain. The doctor, although suspecting pancreatitis, treated John for ulcers, prescribing Zantac, which stops acid production, and Mylanta, an antacid.

On August 13, 1984, Dr. Magsaysay had John admitted to South Chicago Hospital. He was diagnosed as suffering from severe dehydration, pancreatitis and diabetic ketoacidosis. Dr. Kaminski testified that the tendency toward dehydration due to diabetes was compounded by the Lasix and Aldactazide, causing severe dehydration. He added that the diabetic ketoacidosis was caused by the failure to control the diabetes.

Dr. Kaminski testified that John’s pancreatitis and other conditions could have been treated and resolved in relatively “straight order” within 10 days to two weeks, without surgery. Both Dr. Kaminski and Dr. Baker asserted that a patient diagnosed as suffering from pancreatitis required that the pancreas be rested, which means that the patient be fed nothing by mouth, but treated intravenously. Instead, Dr. Magsaysay mistreated the pancreatitis and ordered a liquid diet for plaintiff which, Dr. Kaminski asserted, stimulated the pancreas to produce enzymes, already digesting the pancreas from within. By August 21, 1984, nonsurgical recovery was still possible, but the liquid diet continued. The pancreas continued to digest itself. A pseudocyst had formed by August 28, 1984; yet, oral feeding continued. By September 7, 1984, an abscess had formed. The condition became life threatening. Dr. Magsaysay performed surgery on John to drain pus. A second pancreatic abscess formed, which Dr. Kaminski urged was probably due to the continuation of the oral diet.

During the same hospitalization, Dr. Magsaysay mistreated John’s diabetes. His blood sugar level, nutrition and dehydration had gone out of control. In Dr. Kaminski’s opinion Dr. Magsaysay’s management of these conditions as well fell below the acceptable standard of care in the community.

At a video-taped deposition, Dr. Baker, a general surgeon, revealed that John was transferred from South Chicago Hospital to the University of Illinois Hospital. By then, John was suffering from significant dehydration and had acute necrotizing pancreatitis. He was given large volumes of fluid and blood components. He was operated on twice. Dr.

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Bluebook (online)
599 N.E.2d 983, 234 Ill. App. 3d 129, 174 Ill. Dec. 899, 1992 Ill. App. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-illinois-state-medical-inter-insurance-exchange-illappct-1992.