Hooper v. County of Cook

851 N.E.2d 663, 366 Ill. App. 3d 1, 303 Ill. Dec. 476, 2006 Ill. App. LEXIS 393
CourtAppellate Court of Illinois
DecidedMay 15, 2006
Docket1-03-1842
StatusPublished
Cited by45 cases

This text of 851 N.E.2d 663 (Hooper v. County of Cook) 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
Hooper v. County of Cook, 851 N.E.2d 663, 366 Ill. App. 3d 1, 303 Ill. Dec. 476, 2006 Ill. App. LEXIS 393 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE CAHILL

delivered the opinion of the court: This appeal arises from a medical negligence action filed by plaintiff Kenneth Hooper, special administrator of the estate of his mother, Louise Hooper (Hooper), and against Cook County, Deepak Kapoor, M.D., a physician at Cook County Hospital, and Glenda Edmond-Nolla, R.N., a nurse at the hospital. Plaintiff alleged in his complaint that defendants were negligent in failing to treat and care properly for Hooper, who committed suicide while she was a patient at the hospital. The jury found in favor of Nolla and against Dr. Kapoor and Cook County, awarding $1,212,000 to plaintiff.

Plaintiff appealed the exclusion of Nolla from the jury’s negligence findings and the amount of the award but later withdrew that appeal. Defendants Cook County and Dr. Kapoor also appealed, raising a single claim: the trial court erred in its refusal to submit their special interrogatory to the jury. We agree and reverse and remand for a new trial as to Dr. Kapoor and Cook County.

We are asked to decide whether the foreseeability of a hospital patient’s suicide was the dispositive jury question in this medical negligence case. Defendants claim that the jury had to believe Hooper’s injury was foreseeable to find that defendants’ conduct was the proximate cause of her death. Defendants argue the trial court committed reversible error in denying a special interrogatory to test the jury’s position on the foreseeability of Hooper’s injury. The special interrogatory proposed by defendants and denied by the court was: “Prior to the death of [Louise] Hooper, was it reasonably foreseeable that she would commit suicide or act in a self-destructive manner on or before December 6, 1997? Yes_No_.”

The parties disagree on whether thé foreseeability of Hooper’s suicide was the ultimate fact on which the rights of the parties depended. See DiMarco v. City of Chicago, 278 Ill. App. 3d 318, 322, 662 N.E.2d 525 (1996) (a special interrogatory to a jury is proper when it concerns the ultimate fact on which the rights of the parties depend). Defendants claim that unless Hooper’s suicide was foreseeable, their actions cannot be deemed the proximate cause of Hooper’s death. Plaintiff argues that the foreseeability of Hooper’s suicide was but one of the facts that had to be determined by the jury in deciding whether defendants’ actions were the proximate cause of Hooper’s death.

These pertinent facts emerged at trial. Hooper was admitted to Cook County Hospital on December 2, 1997, for medical treatment unrelated to this case. At 2 a.m. on December 5, 1997, while Hooper was a patient in the intensive care unit (ICU), she developed symptoms of a form of delirium known as ICU psychosis. She became paranoid, combative and uncontrollable. Betty Shamley, a psychiatric nurse, examined Hooper and found her to have “paranoid ideation” as shown by Hooper’s comments that people were trying to hurt her and invade her privacy. Shamley spoke by telephone to Dr. Kapoor, the attending psychiatrist. They developed a treatment plan that included administering the antipsychotic medication Haldol and transferring Hooper to Ward 24, a medical-surgical ward with a calmer atmosphere than the ICU. The plan called for placing Hooper on “one-to-one nursing p.r.n. for unpredictable behavior.” There was testimony that “p.r.n.” stands for “if necessary.” An earlier order of “bed rest” was changed to “ambulatory,” meaning Hooper was allowed to walk around in the ward. Dr. Kapoor did not talk to or examine Hooper.

In the evening of December 5, 1997, Hooper reported seeing green and purple lights and movement in the ceiling to a patient who shared her room. At 3:55 a.m. on December 6, 1997, Hooper was found in the bathroom by another patient. Hooper had hung herself by knotting her hospital gown. Although Hooper had a slight pulse, she was unresponsive and unconscious. She later died.

At trial, plaintiffs theory was Dr. Kapoor’s failure to conduct a complete mental status examination of Hooper and his failure to order one-to-one nursing care for her caused or contributed to her injury and death. Defendants responded that a medical negligence claim cannot succeed where the defendant fails to guard against something that cannot be foreseen.

Defendants argued that because the medical experts could not identify the cause of Hooper’s suicide even after her death, Hooper’s suicide must have been unforeseeable. Dr. Alex John Spadoni, a physician specializing in psychiatry, testified as plaintiffs expert witness. He said that a person who was suffering from delirium or ICU psychosis would be at risk of causing harm to herself, including suicide. He opined that defendants’ conduct was a contributing factor in Hooper’s death. Dr. Carl Martin Wahlstrom, a forensic psychiatrist, testified as defendants’ expert witness. He opined that Hooper’s act of hanging herself was an intentional act, not an accident where she hurt herself because of delirium. Dr. Wahlstrom said Hooper’s act involved “a substantial degree of planning.” He answered “no,” over plaintiffs objection, to defendants’ question of whether “the suicide in this case was reasonably foreseeable.”

Near the end of the trial, during the jury instruction conference outside the presence of the jury, defendants proposed a special interrogatory to the jury that was discussed by the judge and counsel for the parties:

“MR. DESIERTO [defense counsel]: Judge, we have also given counsel copies *** [of] some special interrogatories.
First one we’re proposing is[:] prior to the death of *** Hooper was it reasonably foreseeable that she would commit suicide or act in a self-destructive manner on or before December 6th.
Judge, proximate cause is a question of fact and foreseeability is part of the proximate cause and yesterday *** you allowed the testimony of—
THE COURT: Sure.
MR. DESIERTO: —Dr. Wahlstrom as to the foreseeability aspect of the act.
And therefore this is a question of fact that the jury has a right to consider.
MR. ROGERS, JR. [plaintiffs counsel]: Such a favorable finding on that question!,] thought,] wouldn’t be inconsistent with a verdict for the plaintiff, your honor.
It has to challenge the entirety of proximate cause.
THE COURT: Anything else at this time?
MR. DESIERTO: No.
MR. ROGERS, SR. [plaintiffs counsel]: Doesn’t address — the language doesn’t address the suicide being unpredictable behavior.
THE COURT: All right. The Court will refuse as tendered.”

Defendants’ sole argument on appeal is that the trial court’s refusal to tender their special interrogatory to the jury was an error that caused prejudice and denied defendants a fair trial.

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Cite This Page — Counsel Stack

Bluebook (online)
851 N.E.2d 663, 366 Ill. App. 3d 1, 303 Ill. Dec. 476, 2006 Ill. App. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooper-v-county-of-cook-illappct-2006.