Dominguez v. St. John's Hospital

632 N.E.2d 16, 260 Ill. App. 3d 591, 197 Ill. Dec. 947
CourtAppellate Court of Illinois
DecidedFebruary 24, 1994
Docket1-91-2586
StatusPublished
Cited by16 cases

This text of 632 N.E.2d 16 (Dominguez v. St. John's Hospital) 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
Dominguez v. St. John's Hospital, 632 N.E.2d 16, 260 Ill. App. 3d 591, 197 Ill. Dec. 947 (Ill. Ct. App. 1994).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Nancy Dominguez, individually and as the mother of minor Derek Dominguez, brought a medical malpractice action against defendant, St. John’s Hospital, in the circuit court of Cook County. This action arose out of the events surrounding Derek’s birth which left him brain damaged and mentally retarded. After a jury trial, judgment was entered in favor of defendant and plaintiff appeals.

On appeal, plaintiff contends (1) the trial court erred in admitting defendant’s evidence of genetic causation because defendant could not assert a causal connection between a genetic disease and Derek’s condition; (2) the trial court’s allowance of defense expert Dr. Charleen Moore’s testimony violated Supreme Court Rule 220 (107 Ill. 2d R. 220); (3) the trial court erred in allowing defense expert Dr. Joseph Pasternak to testify because he altered his views subsequent to his deposition and only 33 days before trial in violation of Supreme Court Rule 220; (4) the trial court erroneously precluded plaintiff’s expert, Dr. Edmund Egan, from using technical medical literature to support his direct examination testimony; (5) defendant repeatedly violated the trial court’s exclusionary rulings; and (6) defense counsel’s conduct warrants sanctioning.

Defendant cross-appeals the trial court’s denial of its motion for costs under the Code of Civil Procedure. Ill. Rev. Stat. 1989, ch. 110, par. 5—109.

We affirm.

On July 29, 1979, plaintiff’s bag of water broke while at home in Peoria, Illinois. She immediately called Dr. Gerald Riordan, her obstetrician,. at St. John’s Hospital in Springfield, Rlinois. Dr. Riordan told plaintiff to come to the hospital, a distance of about 75 miles. Plaintiff arrived at the hospital at approximately 8:30 a.m. and was taken to the labor room.

Plaintiff began to receive fluids intravenously at about 9:30 a.m., and Nurse Christine Szablowski placed a fetal monitor on plaintiff’s stomach to monitor the baby’s condition. In order to induce contractions, Dr. Riordan, the physician in charge, ordered Pitocin administered to plaintiff at 10:38 a.m. Shortly thereafter, plaintiff began to experience nausea and feverish symptoms. Both Nurse Szablowski and Nurse Claudia Beckmann testified that plaintiff’s symptoms did not result from the Pitocin, which ceased to be administered at 10:58 a.m.

It was then determined that plaintiff might need a cesarian section. Dr. Riordan apprised her of the risks of the procedure and, at 11:20 a.m., she signed a consent form. At approximately noon, Dr. Riordan told plaintiff it would, indeed, be best to perform a cesarian section and pre-operative preparations were made. Nurse Szablowski stated that Dr. Riordan performed the cesarian section due to fetal distress in labor. This diagnosis was confirmed by the attending resident, Dr. Richard Dermody, in his operative report. Derek was delivered at 12:27 p.m.

Derek was examined according to the Apgar scoring method used to evaluate newborns. This method rates the baby in the following five categories: heart rate, color, muscle tone, respiration and reaction to stimulus. A maximum score of two is assigned in each category. Derek scored 1 out of a possible 10. He currently suffers from brain damage and severe mental retardation and resides at the Misericordia Home.

In July 1981, plaintiff filed suit against Dr. Riordan and his corporation, Riordan and Simpson. In October 1981, plaintiff amended her complaint and added defendant. Plaintiff reached a settlement with Drs. Riordan and Simpson in August 1990, and proceeded to trial against defendant. Plaintiff alleged that Derek suffered perinatal asphyxia during labor, claiming defendant was negligent in its failure to timely recognize Derek’s fetal distress either through its monitoring equipment or through the labor room nurse.

After a trial by jury, judgment was entered for defendant and plaintiff appeals.

Initially on appeal, plaintiff opines that defendant’s expert testimony regarding genetic causation of Derek’s condition should have been stricken as speculation because the experts failed to assert a causal connection between a genetic disease and Derek’s condition "within a reasonable degree of medical certainty.”

Plaintiff argues, inter alia, that defendant’s genetic causation theory, supported by Drs. Moore and Pasternak, was speculative because its expert, Dr. Reuben Matalón, conducted tests on Derek and found no genetic linkage. However, Dr. Moore testified that due to the fact that new genetic diseases are constantly being uncovered Derek may indeed have a genetic problem even though Dr. Matalón was unable to identify a specific disease. Accordingly, in appreciation of the variable nature of genetics, we believe that, although Dr. Matalon’s tests did not detect any genetic disease in Derek, the testimony of Drs. Moore and Pasternak support the proposition that genetic causation cannot be eliminated.

Individuals are permitted to testify as experts when their experience and qualifications provide them with knowledge beyond that of lay persons and where their testimony aids the jury in reaching a conclusion. (People v. Jordan (1984), 103 Ill. 2d 192, 208.) In the case of expert medical testimony, we are accustomed to a doctor’s opinion being prefaced by the phrase "within a reasonable degree of medical certainty.” This phrase gives the medical opinion its legal perspective. It allows us to know that the opinion is an expression of medical probability based upon recognized medical thought and not mere guess or speculation. (See Boose v. Digate (1969), 107 Ill. App. 2d 418.) But, there is no magic to the phrase itself. If the testimony of the expert reveals that his or her opinions are based upon specialized knowledge and experience and grounded in recognized medical thought, it is of no consequence that the witness has failed to preface the opinions with the phrase, "within a reasonable degree of medical certainty.” See Redmon v. Sooter (1971), 1 Ill. App. 3d 406, 412; Boose, 107 Ill. App. 2d at 422-24.

Dr. Moore, a professor of human genetics at the University of Texas Human Science Center, testified that based upon her experience and knowledge of Derek’s records, she held the opinion that his condition was characteristic of a genetic basis. Dr. Moore acknowledged that Dr. Matalon’s testing of Derek failed to identify a specific genetic problem; but, she disagreed with Dr. Matalon’s conclusion that Derek’s condition was not genetic in cause. It was her testimony that the scientific knowledge of genetics is not complete and, as such, an individual can possess a genetic problem even though the specific syndrome cannot be identified. We believe that Dr. Moore’s testimony amply reflects that her opinions were based upon her specialized knowledge of genetics and not mere guess or speculation. The trial judge properly admitted her testimony for the jury to consider. See Simon v. Lumbermens Mutual Casualty Co. (1977), 53 Ill. App. 3d 380; Scholle v. Continental National American Group (1976), 44 Ill. App. 3d 716.

Dr. Pasternak, the head of pediatric neurology at Evanston Hospital, also rendered opinions as to the causes of Derek’s condition.

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Bluebook (online)
632 N.E.2d 16, 260 Ill. App. 3d 591, 197 Ill. Dec. 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dominguez-v-st-johns-hospital-illappct-1994.