Edelin v. Westlake Community Hospital

510 N.E.2d 958, 157 Ill. App. 3d 857, 109 Ill. Dec. 890, 1987 Ill. App. LEXIS 2778
CourtAppellate Court of Illinois
DecidedJune 17, 1987
Docket86-2055
StatusPublished
Cited by18 cases

This text of 510 N.E.2d 958 (Edelin v. Westlake Community 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
Edelin v. Westlake Community Hospital, 510 N.E.2d 958, 157 Ill. App. 3d 857, 109 Ill. Dec. 890, 1987 Ill. App. LEXIS 2778 (Ill. Ct. App. 1987).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff Augustine Edelin sought damages in two counts from defendant Westlake Community Hospital for injuries allegedly sustained when she slipped and fell in the hospital lobby after being discharged as a patient from the hospital. After the jury failed to reach a verdict on count II, the trial court entered a directed verdict for defendant and then entered judgment on the verdict. Plaintiff appeals from that judgment, contending that, as to count II, she presented sufficient evidence to withstand a motion for a directed verdict.

Count I of the complaint alleged premises liability. The trial court directed a verdict in favor of defendant as to count I at the close of all the evidence, and plaintiff does not appeal from that judgment. Count II alleged negligence: that defendant breached the standard of accepted care in the manner of discharging plaintiff and that defendant’s acts or omissions proximately caused plaintiff’s fall and injuries.

Prior to trial, pursuant to Supreme Court Rule 220 (107 Ill. 2d R. 220), defendant served plaintiff interrogatories regarding any experts whom plaintiff might call. Plaintiff did not respond to the interrogatories. When the trial began, plaintiff stated that she had no expert witnesses.

At trial, plaintiff testified that on June 4, 1981, she was discharged from Westlake following a hemorrhoidectomy, which had been performed nine days earlier. That morning, plaintiff had taken pain medication prescribed by Dr. Kelly. Plaintiff received no information regarding the discharge procedures.

From her room, plaintiff signalled the nurse that she was dressed and ready to leave. The nurse told her to come to the nurse’s station, which plaintiff did, carrying her bags. Plaintiff testified that she inched her way toward the nurse’s station, slipping and sliding due to her pain. Her difficulty would be obvious to anyone observing her, as it took approximately 20 minutes to get down the hallway. The attending nurse then told plaintiff that she should just leave.

In the elevator, plaintiff felt sweaty, dizzy and nauseous. As she walked toward the hospital entrance, plaintiff slipped and fell. Plaintiff testified that the floor was slick and a carpet buckled where it was taped down, but she was not sure what caused iier to fall. She was subsequently admitted to a different hospital for alleged injuries to her back and legs.

Plaintiff then tendered Dr. John Kelly, her treating physician, as her intended expert on standard of care questions. Defendant objected because of plaintiff’s failure to identify Dr. Kelly as an expert pursuant to Supreme Court Rule 220. The court ruled that Dr. Kelly’s testimony would be limited to questions concerning his actual care and treatment of plaintiff.

Dr. KeHy testified that plaintiff had a normal recovery from surgery and that he considered her progress in walking to be normal. He saw plaintiff prior to discharge and found she had no problem walking. Plaintiff was given no pain medication on the day of her discharge, although she did receive a vitamin. The medications which plaintiff received on the previous day would not affect her ability to walk or her sensory abilities the following day. In regard to plaintiff’s discharge, Dr. Kelly testified that plaintiff stated her husband could not pick her up until later in the day, and Dr. Kelly indicated that this would be no problem. Dr. Kelly informed the attending nurses that plaintiff would be leaving sometime later in the day.

Dr. Kelly stated further that he had “no knowledge of how patients leave the hospital, you know, specifically — on a specific patient.” It was Dr. Kelly’s understanding that the “normal course would be that somebody would accompany the patient to the *** first floor or to the car if — that’s my understanding and has been my experience.” When asked if he was familiar with defendant’s discharge policies, Dr. Kelly replied: “The specific policies, no, but the normal policy *** that somebody would accompany a patient, yes. I am familiar with that policy, but I haven’t studied the book of policies.”

At the close of plaintiff’s evidence, the trial court denied defendant’s motion for a directed verdict.

Faye Culp, the attending nurse, testified for defendant that she observed plaintiff walking without difficulty on the day of her discharge. At about 9 a.m., Dr. Kelly had informed Culp that plaintiff could not get a ride home until later in the day. Shortly after 10 a.m. Culp was surprised to see plaintiff walking down the hall on her way out of the hospital. Plaintiff was accompanied by two men who were carrying plaintiff’s suitcases. Plaintiff held the arm of one of the men. Culp, who was on her way to change an IV bottle for a patient, asked if plaintiff needed assistance, and plaintiff replied that she did not need any help. Culp told plaintiff that if she could wait a minute Culp would be right back. When Culp returned, plaintiff was gone.

Culp testified that it was defendant’s general policy to walk with the patient to her car. This policy was established to protect both the patient and the hospital personnel. Culp did not discuss discharge procedure with plaintiff prior to her leaving because she had not expected plaintiff to leave so early.

Mary Ann Parker, an emergency room nurse for defendant, testified for defendant that she treated plaintiff in the emergency room on the night of June 4, approximately 12 hours after plaintiff was discharged. Plaintiff told Parker that she had fallen in the hospital lobby that morning, and that she was not alone at the time, but had been accompanied by two men. Plaintiff complained of rectal pain and bleeding, but did not complain of other injuries as a result of the fall.

The trial court denied defendant’s motion for a directed verdict as to count II at the close of all the evidence. When the jury was unable to reach a decision, defendant moved for a judgment notwithstanding the jury’s inability to arrive at a verdict. The trial court stated that it had erred in not previously directing a verdict as to count II at the close of plaintiff’s evidence, and consequently also at the close of all the evidence. The court granted defendant’s motion and entered judgment in defendant’s favor as to count II.

Plaintiff contends that she presented sufficient evidence to withstand a directed verdict in favor of defendant as to count II. A directed verdict is proper where all the evidence, viewed in a light most favorable to the opponent, so overwhelmingly favors the movant that no contrary verdict based on the evidence could stand. (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 229 N.E.2d 504.) The trial court found that it should have directed a verdict at the close of plaintiff’s evidence because no expert testimony was offered. Plaintiff admits that no expert witness testified, but urges us to consider the nonexpert testimony which was offered as proof sufficient to again submit the issue of liability to a jury.

A hospital’s duty to its patients requires it to conform to the legal standard of reasonable conduct in light of the apparent risk.

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Cite This Page — Counsel Stack

Bluebook (online)
510 N.E.2d 958, 157 Ill. App. 3d 857, 109 Ill. Dec. 890, 1987 Ill. App. LEXIS 2778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edelin-v-westlake-community-hospital-illappct-1987.