Hirn v. Edgewater Hospital

408 N.E.2d 970, 86 Ill. App. 3d 939, 42 Ill. Dec. 261, 1980 Ill. App. LEXIS 3333
CourtAppellate Court of Illinois
DecidedJuly 21, 1980
Docket78-976
StatusPublished
Cited by23 cases

This text of 408 N.E.2d 970 (Hirn v. Edgewater 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
Hirn v. Edgewater Hospital, 408 N.E.2d 970, 86 Ill. App. 3d 939, 42 Ill. Dec. 261, 1980 Ill. App. LEXIS 3333 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE CAMPBELL

delivered the opinion of the court:

The plaintiff, Ilona Him, filed a medical malpractice action against Edgewater Hospital (hereinafter hospital) and Dr. Forough Parsa for injuries incurred as the result of a renal arteriography 1 performed by Dr. Parsa at defendant hospital. After the jury returned verdicts for both defendants and the trial court denied her post-trial motions for a judgment notwithstanding the verdict and a new trial, the plaintiff filed the present appeal. The following errors are urged on appeal: (1) the trial court erred in failing to direct a verdict for the plaintiff against the hospital; (2) the trial court erred in failing to direct a verdict for the plaintiff against Dr. Parsa; (3) the scope of expert testimony permitted in medical malpractice cases deprived the plaintiff of her right to a trial by jury; (4) numerous evidentiary errors required a new trial of this cause; and (5) conduct of Dr. Parsa’s counsel was so prejudicial that it denied plaintiff a fair trial.

We affirm.

While the plaintiff’s complaint, filed February 19, 1974, alleges a number of negligent acts or omissions against each defendant, the ultimate issues in the trial are best gleaned from the issue instruction submitted to the jury. There it is alleged that the hospital was negligent in that:

“One of the Hospital nurses only applied pressure at the puncture site for two minutes instead of the five minutes required by accepted practice.
Acting through its staff, the Hospital failed to check for ankle pulses, foot color and circulation to the foot.”

Dr. Parsa was negligent, it was alleged, in that:

“She failed to place written follow-up orders in the chart to direct the nursing staff. She failed to personally perform an adequate follow-up of the Plaintiff.
She failed to take adequate steps to relieve Plaintiff’s condition, or secure the consultation of a physician competent to do so, after she was informed of Plaintiff’s condition by Dr. Dimitrov.
She attempted to insert the needle before first making certain of the location of the femoral artery, thereby striking the femoral nerve with the needle.
She failed to perform a cutdown procedure or insert the catheter into the artery in the arm when she was unable to locate the femoral artery.
She failed to note in hte [sic] charts that the vein as well as the femoral artery had been punctured with the needle.
She failed to demonstrate skill in the manner in which she performed the arteriogram.
She failed to require or oversee the application of pressure at the puncture site for a longer period than the ususal [sic] five minutes when she knew the Plaintiff had a propensity towards high blood pressure.”

The plaintiff was hospitalized by Dr. Dimitrov, her family physician, to determine the cause of her high blood pressure, recurrent chest pain, and frequent headaches. A renal arteriography was ordered to determine whether there was an abnormality of the renal arteries or kidney system. This procedure was performed at Dr. Dimitrov’s request, on December 21, 1973, by Dr. Parsa with the assistance of four hospital employees. A renal arteriography is performed by injecting a radio opaque dye into the femoral artery located in the groin and then taking an X ray of the renal arteries. An initial step in the procedure is the insertion of a needle into the femoral artery. In this case, that step was complicated by the plaintiff’s obesity. The plaintiff was informed by Dr. Parsa, prior to surgery, that she might have to perform a “cut down” procedure on plaintiff because of her weight. Dr. Parsa testified that she encountered difficulty locating the femoral artery and that she made two or three attempts before hitting it. The procedure, however, was completed without further complication.

The evening of the day that the procedure was performed, the plaintiff experienced femoral bleeding and swelling and observed a hematoma 2 in her right upper thigh. Dr. Parsa followed the plaintiff’s condition for 24 hours after the renal arteriography finding nothing unusual in the plaintiff’s condition during this period of time. Two days after the procedure was performed, the plaintiff reported having a “pins and needles” sensation. By December 27, the day before she was discharged, the hematoma had grown to a size 20 by 30 centimeters (approximately 9 by 13 inches). On January 8, 1974, the plaintiff was rehospitalized suffering chest pains, difficulty in breathing, weakness, profuse perspiration, and continuing leg pains. Tests disclosed blood clots in her lungs. During her hospitalization the plaintiff also experienced loss of her right knee reflex and paralysis of her quadriceps muscle. Both problems were found to be the result of damage to the femoral nerve.

At the trial the following testimony was received regarding the cause of the plaintiff’s nerve injury and embolism. 3 Dr. Neil Allen, a neurologist who treated the plaintiff in consultation after the procedure, testified that the plaintiff’s nerve injury was caused either by pressure from the hematoma or by a direct puncture of the femoral nerve during the renal arteriography. Dr. Parsa testified that, while she was not a neurologist, she concluded that the hematoma was the most likely cause of the nerve injury. She also testified, however, that it is not unusual to have a hematoma form after a renal arteriography. This conclusion was confirmed by Drs. Dimitrov and Blazek, although the latter noted that he had never seen a hematoma of such great size. Furthermore, Dr. Baker, the plaintiff’s expert, testified that the visible size of a hematoma has no bearing on whether pressure is being exerted on a nerve.

When asked whether the plaintiff’s embolism was a result of the renal arteriography, Dr. Baker initially stated that he would rather not hazard a guess at what caused the plaintiff’s embolism. Subsequently, however, he stated that he had an opinion, but not a firm one, that the pulmonary embolism could have resulted from the renal arteriography. He explained that the near proximity of any operation to the existence of an embolism would give him that opinion. On cross-examination, he clarified his testimony by stating that he did not say that the embolism was caused by the renal arteriography, but only that it could have been related to it. He explained that there are numerous causes of emboli. Dr. Blazek also testified that the plaintiff’s embolism could be related to the arteriography. Dr. Dimitrov never formed an opinion as to the cause of the embolism.

Drs. Parsa, Blazek, and Baker testified concerning the standard of care relevant in this cause and whether that standard had been breached. Dr.

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Bluebook (online)
408 N.E.2d 970, 86 Ill. App. 3d 939, 42 Ill. Dec. 261, 1980 Ill. App. LEXIS 3333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirn-v-edgewater-hospital-illappct-1980.