Gorman v. Shu-Fang Chen, M.D., Ltd.

596 N.E.2d 1350, 231 Ill. App. 3d 982
CourtAppellate Court of Illinois
DecidedJuly 29, 1992
DocketNo. 5—91—0250
StatusPublished
Cited by11 cases

This text of 596 N.E.2d 1350 (Gorman v. Shu-Fang Chen, M.D., Ltd.) 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
Gorman v. Shu-Fang Chen, M.D., Ltd., 596 N.E.2d 1350, 231 Ill. App. 3d 982 (Ill. Ct. App. 1992).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Plaintiff, Victoria Gorman, brought this medical malpractice action against defendants Shu-Fang Chen, M.D. (Dr. Chen), and ShuFang Chen, M.D., Ltd., an entity for which Dr. Chen was the sole stockholder and director, to recover damages occasioned by Dr. Chen’s negligence in rendering medical care and treatment for injuries sustained by plaintiff in a bicycle accident. Specifically, plaintiff alleged that Dr. Chen’s failure to properly examine, or call in a specialist to examine, her temporomandibular joint (TMJ) led to a failure to diagnose and treat a fracture of her right temporomandibular condyle and resulted in plaintiff undergoing a total right TMJ reconstruction with condylectomy. Following a jury trial in the circuit court of Madison County, a verdict was rendered in favor of plaintiff and against defendants in the amount of $816,900. Defendants have appealed and argue that the trial court erred in: (1) allowing a plastic surgeon, Dr. Alvin Zook, to testify as an expert witness for plaintiff on the standard of care applicable to Dr. Chen, an orthopedic surgeon; (2) modifying an Illinois Pattern Jury Instruction as to the standard of care; and (3) permitting certain testimony by plaintiff’s witness, Dr. Maurice Miller.

On March 31, 1986, plaintiff, age 18, and her mother, Shirley Sworm, were bicycling on Illinois Route 157 in Edwardsville, Illinois. Plaintiff lost control of her bicycle on a hill, hit some gravel and flew over the front of the bicycle. When Mrs. Sworm reached her daughter, she was lying unconscious on the ground with a laceration to her chin and her right leg positioned up by her shoulder. Plaintiff was taken by ambulance to Oliver-Anderson Hospital in Maryville, Illinois, and was first seen by emergency room physician Dr. Michael Wade. Dr. Wade examined plaintiff and reported that she complained about her left shoulder, chest, left breast, lip and right hip. Dr. Wade found plaintiff to be alert, neurologically within normal limits and oriented to time, place and person, with a short-term memory loss. Plaintiff’s lower chin had a two-inch laceration, and her TMJ was without tenderness. Dr. Wade’s final diagnosis was a dislocated right hip, fractured ribs, and pneumothorax (punctured lung). He stitched plaintiff’s chin and ordered X rays of the cervical spine, spine and pelvis.

Mrs. Sworm asked to have plaintiff seen by Dr. Maurice Miller, an orthopedic surgeon and personal friend of the family. Dr. Miller was not on call, and his calls were being taken by Dr. Chen, who came to the hospital and saw plaintiff in the emergency room. Dr. Chen took a history and did a physical exam of plaintiff, which included examining her head and noting the laceration to her chin. He palpated plaintiff’s jaw and noted there was no significant tenderness at the TMJ or mandible. Dr. Chen concluded from his examination of plaintiff that she had fractured ribs, a punctured lung, a dislocated hip and a laceration to her chin. Dr. Chen requested that Dr. Jong Kim, a general surgeon, treat plaintiff’s punctured lung, which Dr. Kim accomplished by inserting a chest tube. Thereafter, Dr. Chen took plaintiff to surgery where, under anesthesia, he performed a closed reduction of her dislocated hip.

At trial, the following evidence was presented, inter alia. Mrs. Sworm testified that when she spoke with Dr. Chen about plaintiff’s condition outside the emergency room, she asked if he was going to X ray the plaintiffs neck because it was so swollen. Mrs. Sworm stated that Dr. Chen told her they would do a series of X rays after the life-threatening conditions were treated. Mrs. Sworm testified that on the second day of plaintiffs hospitalization she noted swelling to the plaintiff’s jaw about the size of a goose egg and that the swelling remained for four or five days. Richard Berry, an off-duty paramedic and family friend, testified that upon plaintiff’s admission he noticed numerous facial lacerations, abrasions and swelling about her mouth and lower jaw. Berry stated that plaintiff’s speech was not normal, that she was having trouble opening and closing her mouth, and that three days after her admission, her face was still very swollen.

Larry Ashlock testified that when he visited plaintiff in the hospital during the first part of April, she had difficulty talking because her jaw was swollen and it looked like there was a “giant jaw breaker up by her cheek.” John Sworm, plaintiff’s stepfather, testified that on the day after her admission, there remained a pronounced lump on plaintiff’s right side in front of her ear line which gradually decreased over the course of a week and had subsided by April 12. Plaintiff testified that the day after her admission to the hospital, her jaw had swelling about the size of a golf ball which persisted for four to five days before beginning to recede.

Dr. Chen testified that he saw plaintiff every day that she was in the hospital and that she never registered any complaint to him about her jaw or TMJ and that Mrs. Sworm never indicated that plaintiff had complaints about her jaw. Dr. Chen stated that he never saw any swelling to plaintiff’s jaw while she was in the hospital and that neither plaintiff nor her mother made any complaints of swelling in relation to plaintiff’s jaw or TMJ. Dr. Chen testified that there were no reports in plaintiff’s hospital chart of pain, swelling or complaints concerning the jaw or TMJ. He admitted that no X ray of plaintiff’s jaw or TMJ was done during her hospital stay.

Dr. Maurice Miller, the orthopedist originally requested by Mrs. Sworm, testified that he saw plaintiff in the hospital on April 12, 1986. Dr. Miller made no notations about jaw problems but stated that his attention was directed primarily to plaintiff’s hip. Plaintiff was discharged from the hospital on April 14,1986.

Dr. Harry Stadnyke, plaintiff’s dentist, testified that he saw plaintiff on April 17 to check the braces on her teeth. Dr. Stadnyke examined plaintiff, found a discrepancy in her jaw movements and took X rays from which he diagnosed a fracture to plaintiff’s right jaw. Dr. Stadnyke stated that he immediately referred plaintiff to an oral surgeon, Dr. Mark Travis. Dr. Travis testified that he initially treated plaintiff by manipulating her mandible, or lower jaw, under general anesthetic, to obtain proper orientation with the upper jaw. Dr. Travis stated that he next proceeded with a nonsurgical closed-type reduction, where plaintiff’s bite was held in place by rubber bands, to train the muscles to hold the jaw until scar tissue or a pseudo joint could form with the stump of the fracture site. Dr. Travis testified that on May 19, 1986, he wired plaintiff’s jaws together and discussed the possibility of a need for surgery with plaintiff, because he was unsatisfied with the progress of the conservative treatment. On July 21, 1986, Dr. Travis performed a total joint implant to plaintiff’s right jaw.

Defendants first contend that it was error to allow plaintiff’s expert, a plastic surgeon, to testify concerning the standard of care applicable to Dr. Chen, an orthopedic surgeon. To establish negligent medical malpractice, the plaintiff must prove the proper standard of care by which to measure the defendant practitioner’s conduct, a negligent breach of that standard, and a resulting injury proximately caused by the practitioner’s lack of skill or care. (Novey v. Kishwaukee Community Health Services Center (1988), 176 Ill. App.

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Bluebook (online)
596 N.E.2d 1350, 231 Ill. App. 3d 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-shu-fang-chen-md-ltd-illappct-1992.