Groce v. South Chicago Community Hospital

669 N.E.2d 596, 282 Ill. App. 3d 1004, 218 Ill. Dec. 453
CourtAppellate Court of Illinois
DecidedMay 30, 1996
Docket1-95-3231
StatusPublished
Cited by23 cases

This text of 669 N.E.2d 596 (Groce v. South Chicago 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
Groce v. South Chicago Community Hospital, 669 N.E.2d 596, 282 Ill. App. 3d 1004, 218 Ill. Dec. 453 (Ill. Ct. App. 1996).

Opinion

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

On September 2, 1988, the plaintiff, Robert Groce, individually and as administrator of the estate of Fely Groce, deceased, filed the instant action charging that the medical negligence of the defendants, South Chicago Community Hospital and Vishnu N. Mathur, M.D., proximately resulted in injury to Fely Groce and her subsequent death. On December 30, 1988, South Chicago Community Hospital was voluntarily dismissed from the action, and the matter thereafter proceeded solely against Dr. Mathur. On June 27, 1995, Dr. Mathur filed a motion for summary judgment which the trial court granted on August 14, 1995. The plaintiff has appealed and, for the reasons which follow, we reverse and remand this case to the circuit court for further proceedings.

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994); Carruthers v. B.C. Christopher & Co., 57 Ill. 2d 376, 313 N.E.2d 457 (1974). Since the entry of a summary judgment is not a matter committed to the discretion of the trial court, a reviewing court must independently examine the evidence presented in support of and in opposition to a motion for summary judgment (Arra v. First State Bank & Trust Co., 250 Ill. App. 3d 403, 621 N.E.2d 128 (1993)) and review the decision of the trial court de novo (In re Estate of Hoover, 155 Ill. 2d 402, 615 N.E.2d 736 (1993)).

We have examined all of the pleadings and evidentiary material on file at the time of the entry of the order appealed from in the light most favorable to the plaintiff. Kolakowski v. Voris, 83 Ill. 2d 388, 415 N.E.2d 397 (1980). From that evidentiary material, we adduce the following facts relevant to the disposition of this appeal.

The decedent was referred to Dr. Mathur in 1984 by her personal physician, Dr. Lofton Kennedy. After examining the decedent, Dr. Mathur performed a biopsy of her left breast. The biopsy confirmed the presence of cancer, and Dr. Mathur recommended surgery. On September 4, 1984, Dr. Mathur performed a modified radical mastectomy upon the decedent’s left breast. During surgery, it was discovered that the decedent’s cancer had invaded her lymph nodes. Dr. Mathur continued to care for the decedent until July 1987.

In August 1987, the decedent was diagnosed as suffering from advanced metastic breast cancer. She died on August 12, 1988, and this action was filed 21 days later.

In his complaint, the plaintiff charged, inter alia, that Dr. Mathur was negligent in his treatment of the decedent by:

"a) Failing to advise and inform FELY GROCE of her options for radiation therapy or chemotherapy when her mastectomy revealed a positive node for metastic cancer;
b) Failing to adequately monitor and examine FELY GROCE during her 14 office visits from September 1984 to August 1987[;]
c) Failing to adequately assess the condition of FELY GROCE during the period subsequent to September 4, 1984[; and]
d) Failing in other ways to provide appropriate care and treatment to FELY GROCE.”

On October 30, 1992, Dr. Mathur filed his first motion for summary judgment supported by his own affidavit. In that affidavit, Dr. Mathur opined that he complied with the applicable standard of care in his treatment of the decedent, and specifically alleged that he advised the decedent, both prior and subsequent to her surgery, of the necessity for follow-up care and the possible need for chemotherapy or radiation therapy. Dr. Mathur also stated that he made an appointment for the decedent to see an oncologist for follow-up care and requested that she undergo post-surgical testing to monitor for possible recurrence of her cancer. In response to that motion, the plaintiff argued that Dr. Mathur’s supporting affidavit failed to conform to the requirements of Supreme Court Rule 191(a) (134 Ill. 2d R. 191(a)), as it violated the Dead-Man’s Act (735 ILCS 5/8 — 201 (West 1992)). On April 28, 1993, the trial court denied Dr. Mathur’s first motion for summary judgment.

On June 27, 1995, Dr. Mathur filed a second motion for summary judgment, which resulted in the order that is the subject of this appeal. In this motion, Dr. Mathur contended that the deposition testimony of plaintiff’s expert, Dr. Emerson Day, the deposition testimony of Dr. Kennedy, and his own deposition testimony established that he complied with the applicable standard of care in his treatment of the decedent and was, therefore, entitled to summary judgment.

In his deposition, Dr. Day opined that Dr. Mathur breached the standard of care in his treatment of the decedent while she was hospitalized by failing to advise her of the treatment modalities available after a cancer-positive lymph node was discovered during her surgery. He also opined that Dr. Mathur breached the standard of care in his post-hospitalization care of the decedent by failing to recommend either chemotherapy or radiation therapy for her disease and in failing to assure that the treatment was accomplished. Dr. Day based his opinions on the absence of any notations in Dr. Mathur’s records reflecting such advice and recommendations. However, in response to a hypothetical question, Dr. Day conceded that if Dr. Mathur had in fact recommended follow-up oncological care and made a referral for that purpose but the decedent refused such treatment, Dr. Mathur would have complied with the applicable standard of care.

Dr. Kennedy testified to being present during the decedent’s September 1984 hospitalization when, after her surgery, Dr. Mathur informed the decedent that her breast tumor had invaded the lymph nodes and recommended chemotherapy and radiation therapy. Dr. Kennedy recalled the decedent being "apprehensive” and "not receptive” to suggestions about future treatment, but did not recall her saying that she was unwilling to undergo treatment. Dr. Kennedy also identified a letter he received from Dr. Mathur dated September 15, 1984, wherein Dr. Mathur recounts having discussed the need for chemotherapy with the decedent, her refusal of such treatment, and the fact that he referred the decedent to Dr. M.M. Shaw for an oncological consultation and to Dr. H. Cordova for a second opinion.

The plaintiif responded to the motion, contending that the deposition testimony of Dr. Day was replete with opinions that Dr. Mathur deviated from the applicable standard of care. The plaintiif also argued that the portions of Dr. Day’s testimony relied upon in support of the motion were merely answers to hypothetical questions based upon factual assumptions that Dr. Day refused to accept.

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Bluebook (online)
669 N.E.2d 596, 282 Ill. App. 3d 1004, 218 Ill. Dec. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groce-v-south-chicago-community-hospital-illappct-1996.