Guzeldere v. Wallin

593 N.E.2d 629, 170 Ill. Dec. 740, 229 Ill. App. 3d 1, 1992 Ill. App. LEXIS 607
CourtAppellate Court of Illinois
DecidedApril 15, 1992
Docket1-90-1716
StatusPublished
Cited by14 cases

This text of 593 N.E.2d 629 (Guzeldere v. Wallin) 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
Guzeldere v. Wallin, 593 N.E.2d 629, 170 Ill. Dec. 740, 229 Ill. App. 3d 1, 1992 Ill. App. LEXIS 607 (Ill. Ct. App. 1992).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

On April 26, 1990, a jury found in favor of defendant, Dr. Paul Wallin, and against plaintiff, Ali Guzeldere, special administrator of the estate of Denise Guzeldere, deceased. After the trial court denied all of plaintiff’s post-trial motions, he filed a timely notice of appeal. On appeal, plaintiff asserts that: (1) reversible error occurred due to evidentiary rulings that were inconsistent with the trial court’s rulings on plaintiff’s motions in limine; (2) the trial court erred in refusing to discharge the jury panel after a settlement was reached with other defendants; (3) the defense counsel’s closing arguments were so prejudicial that they deprived plaintiff of a fair trial; and (4) the jury’s verdict was against the manifest weight of the evidence. We affirm.

The principal issue in this case is whether a motion in limine, which properly barred a medical expert from giving an opinion that a nurse’s negligence was a cause of death, also barred the expert from testifying to whether a nurse’s omissions did not give the defendant doctor the opportunity to attend to a patient.

. On March 14, 1980, 41/2-month-old Denise Guzeldere had a fever and difficulty breathing. At 12:15 a.m. on March 15, 1980, her father took her to the La Grange Community Hospital emergency room. Denise died at 6:15 a.m. on March 16, 1980. Her father, Ali Guzeldere, sued Dr. Paul Wallin, Nurse Eulah Draudt, and La Grange Community Hospital, among others.

After jury selection began during the trial, plaintiff reached a settlement with Nurse Draudt and the hospital. After the trial court approved the settlement, plaintiff requested that the entire jury panel be discharged because it had already been told that Nurse Draudt and the hospital were defendants. After determining that there was no evidence anyone would suffer prejudice if the jurors were not discharged, the trial court denied the motion.

The trial court then heard plaintiff’s motion in limine requesting that Dr. Given, a defense expert witness, be barred from testifying that Nurse Draudt’s failure to call Dr. Wallin when Denise’s condition deteriorated was a cause of her death. Because Dr. Given’s deposition did not include such testimony, the trial court ruled that he could not testify that Nurse Draudt’s failure to call Dr. Wallin was a cause of Denise’s death. He could testify, however, that Nurse Draudt did not call even though she should have called and that Dr. Wallin did not have the opportunity to be at the hospital when Denise’s condition deteriorated because he was not contacted.

Plaintiff’s counsel also made an oral motion barring defense counsel from making reference to former defendants, such as Nurse Draudt and La Grange Community Hospital, regarding their being defendants or former defendants. That motion was granted without objection from the defense counsel.

At trial, Dr. Mohommed Arain, a general surgeon who was the emergency room physician when Denise was brought in, testified that he examined Denise. After speaking with Mr. Guzeldere, he called Dr. Paul Wallin, who was Denise’s pediatrician. Dr. Arain then examined Denise and ordered an X ray and a complete blood count. He made no notations in the emergency room record that there was retraction of the chest or cyanosis, which he would have done if they had existed.

Dr. Arain concluded that Denise was dehydrated and listed his diagnosis as acute bronchitis, possible pneumonia in the left lung. He did not intubate Denise, administer oxygen, place her on a monitor, or start an intravenous line because he did not feel that it was necessary. He was still in the process of evaluating the situation when Dr. Wallin, whom Dr. Arain considered to be more qualified, arrived.

Plaintiff called Dr. Paul Wallin as an adverse witness. Dr. Wallin testified that he went to the hospital at 12:30 a.m. on March 15, 1980, after being called about Denise. When he arrived at the emergency room, he talked to Dr. Arain, reviewed the record, spoke with Mr. Guzeldere, and examined Denise. Mr. Guzeldere told Dr. Wallin that Denise had vomited at 9:30 p.m., but had eaten normally earlier that day. Based on that information and the fact that Denise urinated while she was in the emergency room, Dr. Wallin concluded that Denise did not show signs of dehydration.

Dr. Wallin reviewed the X rays, which showed atelectasis, which is less air in the lung tissue than normal, air trapping, a rotation of the heart, and bilateral pneumonia. It did not show consolidation, which exists with bacterial pneumonia. He ordered repeat X rays, which also did not show consolidation. The blood test showed an elevated white blood cell count of 17,300. Based on that count alone, Dr. Wallin stated, he could not discern whether the infection was viral or bacterial. Although he believed that the infection was bacterial in nature, he was concerned about both possible types of infection.

Dr. Wallin diagnosed Denise’s condition as bronchiolitis, an inflammation or irritation of the bronchioles. He later prepared a two-page report of the history and physical, noting the following: Denise was irritable; had strong crying with good aeration; good skin color; no cyanosis (blue color); no substemal retractions; the fontanel was soft and pulsatile; she was alert; the tympanic membranes were clear; the throat was moderately inflamed; the pupils were equal and reactive to light; the chest was symmetrical; there was marked general broncho-spasm with good aeration of the chest; the heart tones were normal; there was no murmur; and the neurological examination was normal. Dr. Wallin also testified that Denise’s skin elasticity and mucous membranes were normal. At that time, Dr. Wallin did not consider Denise to be in a life-threatening condition.

Dr. Wallin admitted Denise at 2:35 a.m. on March 15, 1980, and gave orders directing the nursing staff to take vital signs every four hours; to push fluids to encourage her to drink; to record intake and output of fluids; to administer Quibron, a bronchodilator; to administer Ampicillin intramuscularly on admission and every six hours thereafter; and to place Denise in a high humidity tent without oxygen. He then left.

Dr. Wallin returned to the hospital between 7 and 8 a.m. on March 15, 1980. When he arrived, he reviewed the hospital records, including the nurses’ notes, talked to the nurses assigned to Denise, and examined Denise. He was aware that Denise had been crying earlier, had refused a feeding, and had labored respirations. When he examined her, however, her vital signs were stable, she was afebrile, had taken in fluids, and was sleeping with good respiratory effort. Given her condition of bronchiolitis, Dr. Wallin expected Denise to experience respiratory distress and to not take fluids very easily. Therefore, he decided to continue the same course of therapy.

At 10:30 a.m., Dr. Wallin called the hospital. Upon learning that Denise had taken and retained four ounces of formula at 10 a.m., he changed her medication slightly, increasing the Quibron dose. When Dr. Wallin visited Denise around 12 noon, he observed that her color was normal. Mr. Guzeldere also testified that Denise’s color was normal at that time.

Later, when Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 629, 170 Ill. Dec. 740, 229 Ill. App. 3d 1, 1992 Ill. App. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzeldere-v-wallin-illappct-1992.