Horwitz v. Michael Reese Hospital

284 N.E.2d 4, 5 Ill. App. 3d 508, 1970 Ill. App. LEXIS 919
CourtAppellate Court of Illinois
DecidedOctober 30, 1970
Docket53107
StatusPublished
Cited by8 cases

This text of 284 N.E.2d 4 (Horwitz v. Michael Reese 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
Horwitz v. Michael Reese Hospital, 284 N.E.2d 4, 5 Ill. App. 3d 508, 1970 Ill. App. LEXIS 919 (Ill. Ct. App. 1970).

Opinions

Mr. JUSTICE ADESKO

delivered the opinion of the court:

Plaintiff, Janet Horwitz, sued defendant Michael Reese Hospital and defendant Air Reduction Company, Inc., for damages allegedly caused by the hospital’s negligent treatment and the company’s defective manufacture of an incubator in which she was placed while a three day old patient at the hospital. At the close of plaintiff’s case, the trial judge effected a verdict for the defendant manufacturer. The jury returned a verdict for the defendant hospital. From the judgments entered thereon, plaintiff appeals.

Plaintiff maintains (1) that the trial court erred in refusing to direct a verdict for plaintiff against the hospital at the close of all the evidence on the issue of liability where no defense to plaintiff’s proof of negligence was made; (2) that the trial court erred in directing a verdict for the manufacturer at the close of plaintiff’s case; (3) that the jury verdict was against the manifest weight of the evidence and (4) that the trial court erred in admitting certain evidence over plaintiff’s objection on behalf of defendants. In order to consider these assignments of error it will be necessary to review the evidence in some detail.

Janet Horwitz was delivered by Dr. Abraham Lash, a long time practitioner in obstetrics at Michael Reese Hospital, on May 10, 1947, around 9:00 A.M. Dr. Lash testified that he examined the baby’s color, found that she cried lustily, listened to the lungs and found all orifices and reactions of the infant normal. Although baby Horwitz had been delivered after a full 37 week gestation period, she weighed only 2020 grams, or 4 lbs. 6 oz., and since her weight was under 5Vz lbs., she was classified as a premature baby. The pediatrician, Dr. Philip Rosenblum, after examining the child’s reflexes, especially the Moro reflex, found everything in order, but still requested that the child be placed in an incubator as soon as possible since she was premature. Because the incubator beds in the premature station were all occupied, the child was placed in a Hess incubator in the nursery.

While the child was in the incubator, oxygen was administered on May 10 and 11, as needed and the bed was heated at periodic intervals. On May 11, the child’s weight had fallen to 1910 grams and May 12 had increased to 2000 grams. According to a report made on May 15 by Miss Lorentz, director of nursing at the hospital, at about 4:30 P.M., on May 12, the third day of the child’s life, the child took a feeding and thereafter became cyanotic (blue in color) so that oxygen had to be administered. At about 10:00 P.M., according to the report, another nurse reported that the baby was very lethargic, apathetic, cold to the touch and not taking feedings well. Because the baby felt cold, heat was turned on in the Hess incubator to the fourth heat, and the graduate nurse who came on duty at 11:30 P.M. was warned to watch the bed since it had been adjusted to the fourth heat. The baby was fed at 12:00 midnight, 3:00 A.M., and 6:00 A.M., and each time, according to the graduate nurse on duty, the baby still felt cold to touch. The night report states: “Baby takes formula poorly, very listless, responds poorly to stimuli.” It must be noted that this evidence comes from a specially prepared report made by the director of nursing on May 15, 1947, and not from tire hospital record. The hospital record, which should contain all matters concerning the care of a patient, reveals none of the above occurrences for the night of May 12-13. Even the child’s temperature for the night of May 12-13 was not noted in the hospital record.

At 7:30 A.M., when the day staff came on duty, the head nurse discovered that the baby was having convulsions and called the resident in pediatrics. Upon arrival, Dr. Hyman Morris found the infant in the incubator to be cyanotic, twitching, foaming at the mouth, and dehydrated as indicated by a depressed fontanel. Dr. Morris touched the incubator and found it to be uncomfortably hot. The doctor testified that normally an incubator is only comfortably warm.

The child was removed from the incubator. Her temperature was taken rectally and found to be 102°. Dr. Morris then called his senior resident in pediatrics, Dr. Martin Sachs. Dr. Sachs testified that he found the child frothing at the mouth, twitching, blue around the mouth and apparently dry. Since she looked dehydrated, she was given glucose and phenobarbital. By 11:00 A.M. the child’s temperature was 99° and by noon 98°.

During the evening of May 13, 1947, the child continued to have convulsions and twitching and as a result the administration of phenobarbital was continued. An examination on May 15, 1947, found the child’s fontanel full and her weight increased to 2020 grams. By May 17, it was 2030 grams and when she was released from the hospital to her parents in “good condition” her weight was 2175 grams.

Throughout her entire life, Janet Horwitz has had severe medical problems. As a child she had difficulty retaining food, could not turn in bed and had a slight paralysis on the right side. She could not crawl, did not walk until 4% years old and has had difficulty in speaking. She has spent most of her life in laboratory schools, institutes and hospitals for anti-convulsive therapy, speech therapy and stimulation of her brain cells. Various doctors who testified in this case described Janet’s condition as a central nervous system disorder, cerebral palsy and mental retardation.

Plaintiff’s witnesses, Dr. Morris, Dr. Sachs and Dr. Rosenblum, testified in varying degrees that Janet’s May 13 condition of convulsions, foaming at the mouth, dehydration and cyanosis was directly connected with the overheating of the incubator. Dr. Sachs expressed the opinion that these conditions could cause brain damage. Dr. Frederick Gibbs, a neurosurgeon, testified that the incubator incident might or could have been the cause of the plaintiff’s condition of ill being. Furthermore, nurse Lorentz’s report, plaintiff’s Exhibit 1A, found “several evidences of poor nursing in the circumstances surrounding the care of the baby * * * (namely * * * no thermometer in the incubator * * * the baby’s temperature was taken routinely only once in 24 hours * # # (and) loose routines and lack of routines in the newborn nursery.” Armed with this expert testimony and these admissions, plaintiff maintains that the trial court erred in refusing to direct a verdict for plaintiff against the hospital at the close of all the evidence on the issue of liability where no defense to plaintiff’s proof of negligence was made.

Defendant offered as a defense the testimony of three pediatric specialists, Dr. Meyer A. Perlstein, a specialist in pediatric neurology and diseases of the brain that occur in children before they reach the age of adolescence, Dr. David Y-Yung Hisia, specialist in pediatrics and professor at Northwestern University Medical School and Dr. WHHam Silver-man, professor of pediatrics at Columbia University Medical School. AH three doctors, in response to hypothetical questions which embraced the present conditions of ill being of the chüd, testified that in their opinion the incubator incident was not the cause of the condition of iU being. The pediatric specialists described a syndrome known as intrauterine growth retardation, unknown in 1947 and described in great detail only in the last six or seven years.

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Horwitz v. Michael Reese Hospital
284 N.E.2d 4 (Appellate Court of Illinois, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
284 N.E.2d 4, 5 Ill. App. 3d 508, 1970 Ill. App. LEXIS 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horwitz-v-michael-reese-hospital-illappct-1970.