Evanston Hospital v. Crane

627 N.E.2d 29, 254 Ill. App. 3d 435, 193 Ill. Dec. 870, 1993 Ill. App. LEXIS 1317
CourtAppellate Court of Illinois
DecidedAugust 27, 1993
Docket1-89-3139
StatusPublished
Cited by31 cases

This text of 627 N.E.2d 29 (Evanston Hospital v. Crane) 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
Evanston Hospital v. Crane, 627 N.E.2d 29, 254 Ill. App. 3d 435, 193 Ill. Dec. 870, 1993 Ill. App. LEXIS 1317 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff, Evanston Hospital, commenced this action to collect a medical bill from defendant, Arnold Crane. Crane filed a counterclaim alleging medical malpractice and consumer fraud on the part of Evanston Hospital. The trial court entered summary judgment in favor of the hospital as to the medical malpractice count and dismissed the consumer fraud count for failure to state a cause of action. Crane brings this pro se appeal from these rulings.

The relevant facts are as follows. On February 14, 1985, Evanston Hospital filed suit against Crane to collect a debt in the amount of $1,373.13 for hospital and medical services provided to Crane from September 10 to September 23, 1983. On March 14, 1985, Crane, appearing pro se, filed an answer and counterclaim alleging medical malpractice and consumer fraud.

On September 19, 1986, Crane filed a third amended counterclaim. In count I, Crane alleged that he had been admitted to the hospital’s emergency room on September 10, 1983, with abdominal cramps, recurring diarrhea stemming from Crohn’s disease, shortness of breath, chest pains, and a urinary tract infection. Crane had previously undergone a triple coronary bypass and suffered from insulin-dependent diabetes. Crane claimed that Evanston Hospital failed to:

1. carefully monitor his condition and the medical care he was receiving to determine whether his extended hospital stay was necessary;
2. immediately investigate, properly diagnose and inform him of his condition, and properly treat his condition by, among other things, referring him to a cardiologist for treatment of his heart condition and breathing problems;
3. give him medical advice and medical treatment to alleviate his abnormal breathing and shortness of breath even though he “vociferously complained” to nurses, doctors, and other hospital employees^
4. properly treat his Crohn’s disease by proper administration of Questran and a “Precision Isotonic Diet”;
5. notify the gastroenterologist that the “Precision Isotonic Diet” was causing him to have acute diarrhea;
6. follow “explicit orders” regarding the timing and frequency of his meals;
7. prescribe any medication for his diarrhea, cramping, and intestinal discomfort;
8. properly treat an oral fungus infection, by proper administration of Mycostatin;
9. inform him that his condition relating to Crohn’s disease was deteriorating, that an operation might be necessary to alleviate such condition, and that vitamin supplements were necessary to maintain reasonable health; and
10. inform him of the effects of discontinuing insulin injections and of exercise on his body.

In addition, Crane alleged that Evanston Hospital wrongfully:

1. served him a meal of baked chicken with unremoved skin — a dish that was “extremely high in cholesterol”;
2. failed to inform him of the foods to avoid to prevent Crohn’s disease “flare-ups”;
3. forced him to use the same container twice for his bowel movement samples and failed to remove the container promptly, such that he had to use another bathroom;
4. woke Crane up with radio music at 3 a.m.;
5. charged too much for various medications;
6. assigned nurses to Crane who complained about Evanston Hospital and its doctors; and
7. failed to offer him a facility for registering his complaints.

In count II of his counterclaim, Crane alleged that Evanston Hospital intentionally made false statements in various published newsletters regarding its commitment to quality medical care. Crane alleged that these statements were untrue and were made for the purpose of inducing him to be treated at Evanston Hospital, to his detriment.

On June 12, 1989, Evanston Hospital filed a motion for summary judgment as to count I of Crane’s third amended counterclaim. The affidavit of Dr. Richard C. Stalzer was submitted in support of the motion. Dr. Stalzer graduated from Loyola University Medical School in 1960 and thereafter completed a Mayo Clinic fellowship. He had served as a senior attending physician at Evanston Hospital since 1966 and as chief of its general internal medicine department since 1987. Dr. Stalzer was board certified in internal medicine and was an assistant professor of clinical medicine at Northwestern Medical School.

Dr. Stalzer had reviewed Crane’s complete medical chart and the allegations of Crane’s counterclaim. Dr. Stalzer determined that at the time of Crane’s admission to Evanston Hospital, he was suffering from acute exacerbation of Crohn’s disease, anemia, acute renal insufficiency, and a urinary tract infection. He was aware that Crane had previously undergone a coronary artery bypass and a partial bowel resection several years before, and that he suffered from insulin-dependent diabetes since his bypass procedure. Dr. Stalzer also was aware that Crane had come to the hospital’s emergency room with complaints of weakness, shortness of breath, malaise and chest pain, and that he had been admitted to the hospital under the care of Dr. Kim Meyers.

Dr. Stalzer stated his opinion that, to a reasonable degree of medical certainty, the care rendered to Crane at Evanston Hospital by the physicians, nurses, and other hospital staff was consistent with, and not a deviation from, the applicable standard of care. He concluded that all of Crane’s medical conditions were appropriately recognized, evaluated and treated. In a letter attached to the affidavit, Dr. Stalzer stated:

“After careful perusal of the hospital record, I find absolutely no evidence of substandard care on the part of Dr. Meyers or other physicians involved in Mr. Crane’s care. On the contrary, there is evidence of excellent medical care shown by carefully detailed progress notes, thoughtful outlines of the patient’s many problems, and pertinent differential diagnoses.
This patient suffered with several medical problems and I believe that the diagnostic work up and therapy ordered for Mr. Crane were entirely appropriate and certainly well within the standard of medical care.”

Crane did not file an expert counteraffidavit in response to Evanston Hospital’s motion. Instead, he submitted his own affidavit, which restated the allegations of his counterclaim. He also filed a “motion to dismiss” Evanston Hospital’s motion for summary judgment. Crane asserted that he did not need expert testimony to overcome summary judgment because the hospital’s negligent acts were within the common knowledge of laymen. Crane filed a motion to strike Dr.

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Bluebook (online)
627 N.E.2d 29, 254 Ill. App. 3d 435, 193 Ill. Dec. 870, 1993 Ill. App. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evanston-hospital-v-crane-illappct-1993.