Joynt v. Barnes

388 N.E.2d 1298, 71 Ill. App. 3d 187, 27 Ill. Dec. 249, 1979 Ill. App. LEXIS 2345
CourtAppellate Court of Illinois
DecidedApril 19, 1979
Docket76-528
StatusPublished
Cited by27 cases

This text of 388 N.E.2d 1298 (Joynt v. Barnes) 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
Joynt v. Barnes, 388 N.E.2d 1298, 71 Ill. App. 3d 187, 27 Ill. Dec. 249, 1979 Ill. App. LEXIS 2345 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE LINDBERG

delivered the opinion of the court:

On July 3, 1974, the plaintiffs-appellants, Patrick and Shirley Joynt, filed an eight-count complaint alleging malpractice against six doctors and two hospitals. Prior to trial, motions for summary judgment were granted as to two of the defendants, Drs. William E. Frederick and Noel Strasser. This summary judgment is not being appealed. A jury was impaneled and after plaintiffs presented their case each of the remaining defendants moved for a directed verdict. The trial court directed verdicts in favor of four of the defendants, Drs. James C. Pritchard, Harry Slobodin, Geneva Community Hospital, hereafter referred to as Community Hospital, and Mercy Center for Health and Care Services, hereafter referred to as Mercy Center, and denied the motions for directed verdicts as to Drs. Robert F. Barnes and Richard C. Bodie. After hearing the evidence and arguments the jury returned a verdict in favor of Drs. Barnes and Bodie.

Plaintiffs appeal, contending that the trial court erred in granting a directed verdict for Drs. Pritchard and Slobodin, and the two hospitals, the jury’s-verdict in favor of Drs. Barnes and Bodie is contrary to the manifest weight of the evidence, and numerous prejudicial errors occurred during the course of this lengthy trial. We have reviewed the 5,040 pages of the trial transcript and the common law record and have considered the numerous arguments raised in the plaintiff’s brief. It is our opinion that none of the issues raised by the plaintiffs nor any combination of them warrant a reversal. Accordingly, we affirm the judgment of the Circuit Court of Kane County.

On February 16, 1974, doctors, at Rush-Presbyterian-St. Luke’s Hospital in Chicago, Illinois, not parties to this suit, diagnosed Patrick Joynt (hereafter referred to as Joynt) as having a form of tracheal cancer. It is the plaintiff’s basic theory that the defendants committed malpractice by failing to correctly diagnose Joynt’s condition. Plaintiffs further contend that as a result of this failure, Joynt was denied a possible course of treatment, namely surgery, that might have improved his prognosis.

This opinion would be lengthened needlessly if we engaged in a full discussion of the facts. Therefore we confine our discussion of the facts to the scope necessary to provide an explanation of our holding.

On October 22,1973, Joynt went to the office of his family physician, Dr. Robert F. Barnes for the purpose of having a complete physical. On that day, besides having been Joynt’s family physician for some twelve years, Dr. Barnes had a report from Dr. Noel Strasser, a radiologist, concerning chest X rays taken two days earlier at Community Hospital. Dr. Strasser’s report stated he saw “a right peritrachael mass” and recommended a bronchoscopy or a scalene node biopsy. Dr. Barnes informed Joynt of the radiologist’s suspicion of a mass, but did not inform him of the recommended tests. However, Dr. Bames did refer him to a specialist in thoracic surgery, Dr. Richard C. Bodie, of Aurora, Illinois.

Dr. Bodie saw Joynt for the first time on October 27, 1973. After taking a case history and reviewing the X rays taken at Community Hospital, Dr. Bodie sent Joynt to Mercy Center for additional X rays. There the standard posterior-anterior (PA) and lateral views taken at Community Hospital were repeated, and a series of specialized X rays, known as Iaminograms, were taken. These additional X rays were ordered in part because Dr. Bodie did not agree with Dr. Strasser’s interpretation of the X rays taken at Community Hospital on October 20, 1973.

The X rays and Iaminograms taken on October 27, 1973, at Mercy Center were interpreted by Dr. Harry Slobodin, a radiologist. His report indicated no abnormalities in either the standard PA and lateral views or in the Iaminograms. After reviewing all of the X rays himself, and reading Dr. Slobodin’s report, Dr. Bodie wrote letters to Dr. Barnes and to Joynt, essentially informing each that he, Dr. Bodie, could find no evidence of a tumor in Joynt’s chest. In those letters Dr. Bodie also recommended that Joynt stop smoking.

At this point it is necessary for us to review Joynt’s medical history and to note what was undisputably known by Dr. Barnes and/or Dr. Bodie and what may or may not have been known by them in October of 1973.

Joynt became Dr. Barnes’ patient in 1961, when he was 16 years of age. As a result of their long-standing doctor-patient relationship, Dr. Barnes knew, on October 22, 1973, that Joynt was 28 years old and that he had smoked between 1 and 4 packs of cigarettes a day since he was 16 years of age. At the time of the October 22, 1973, visit Joynt complained of a nonproductive cough lasting over the past six weeks. Dr. Barnes’ notes also revealed that Joynt had been experiencing dyspnea (shortness of breath) for the previous three months, and that he had lost 18 to 20 pounds in the previous six weeks without dieting. There is no mention in the doctor’s notes of that date of any complaint of wheezing or hemoptysis (spitting up of saliva mixed with blood). Prior to October 1973, the last time that Dr. Barnes had personally seen Joynt was in February 1973, when he had diagnosed him as having influenza syndrome with tracheitis (inflammation and infection of the trachea).

According to Dr. Bodie, Joynt reported to him many of the same symptoms he had reported to Dr. Barnes, although the time duration of some of them varied. For example, Dr. Bodie’s notes reveal Joynt had complained of a nonproductive cough for the previous six months instead of the six weeks reported to Dr. Barnes. Dr. Bodie’s notes are in conformity with Dr. Barnes’ on the question of weight loss and the lack of wheezing or hemoptysis. However, Dr. Bodie’s notes make no mention of dyspnea. Patrick Joynt also complained to Dr. Bodie that his voice had not returned to normal since an incident some six months earlier when he had lost it yelling at a fellow worker. There was evidence that the plaintiffs had telephoned Dr. Barnes for advice when the incident occurred and that he had advised Joynt that the problem was traumatic laryngitis and that his voice would return after a few days rest. While Joynt asserts that his voice never came back to normal, he never saw Dr. Barnes regarding the problem nor do Dr. Barnes’ office records note any change in Joynt’s voice.

From October 22,1973, until January 16,1974, Dr. Barnes saw Joynt on at least three occasions — November 6, November 30, and December 24, 1973. The plaintiffs contend that Dr. Barnes also saw Joynt on November 1, 1973, but Dr. Barnes’ office records indicate that this was only a telephone conversation. The November 6 visit was for the purpose of running additional tests. These various tests failed to reveal anything new and the results were reported to Joynt at the November 30, 1973 office visit.

Based upon the letter from Dr. Bodie ruling out the possibility of a tumor, the negative results of the additional tests and Joynt’s history of smoking and high-strung nature, Dr. Barnes diagnosed Joynt as suffering from chronic bronchitis with a manifestation of anxiety.

The December 24,1973, consultation between Dr. Barnes and Joynt was made at Community Hospital where Dr. Barnes examined Joynt’s knee which had been injured in a snowmobiling accident.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Healy v. Bearco Management, Inc.
576 N.E.2d 1195 (Appellate Court of Illinois, 1991)
C.L. Maddox, Inc. v. Royal Insurance Co. of America
567 N.E.2d 749 (Appellate Court of Illinois, 1991)
Delnick v. Outboard Marine Corp.
555 N.E.2d 84 (Appellate Court of Illinois, 1990)
Bugno v. Mt. Sinai Hospital Medical Center
559 N.E.2d 1 (Appellate Court of Illinois, 1990)
Moore v. Streit
537 N.E.2d 408 (Appellate Court of Illinois, 1989)
Ryan v. E.A.I. Construction Corp.
511 N.E.2d 1244 (Appellate Court of Illinois, 1987)
Kane v. NW. SPEC. RECREATION ASS'N
508 N.E.2d 257 (Appellate Court of Illinois, 1987)
Kane v. Northwest Special Recreation Ass'n
508 N.E.2d 257 (Appellate Court of Illinois, 1987)
Waterford v. Halloway
491 N.E.2d 1199 (Appellate Court of Illinois, 1986)
Sheahan v. Dexter
483 N.E.2d 402 (Appellate Court of Illinois, 1985)
Lowe v. Norfolk & Western Railway Co.
463 N.E.2d 795 (Appellate Court of Illinois, 1984)
Bass v. Washington-Kinney Co.
457 N.E.2d 85 (Appellate Court of Illinois, 1983)
Simmons v. City of Chicago
455 N.E.2d 232 (Appellate Court of Illinois, 1983)
Mudd v. Goldblatt Bros., Inc.
454 N.E.2d 754 (Appellate Court of Illinois, 1983)
Wright v. Yellow Cab Co.
451 N.E.2d 1313 (Appellate Court of Illinois, 1983)
MILWAUKEE MUTUAL INSUR. CO. v. Wessels
449 N.E.2d 897 (Appellate Court of Illinois, 1983)
People v. Knieling
443 N.E.2d 207 (Appellate Court of Illinois, 1982)
Biundo v. Christ Community Hospital
432 N.E.2d 1293 (Appellate Court of Illinois, 1982)
Morrison v. Pickett
432 N.E.2d 2 (Appellate Court of Illinois, 1981)
Graves v. North Shore Gas Co.
424 N.E.2d 1279 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
388 N.E.2d 1298, 71 Ill. App. 3d 187, 27 Ill. Dec. 249, 1979 Ill. App. LEXIS 2345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joynt-v-barnes-illappct-1979.