Krivanec v. Abramowitz

851 N.E.2d 849, 366 Ill. App. 3d 350, 303 Ill. Dec. 662, 2006 Ill. App. LEXIS 507
CourtAppellate Court of Illinois
DecidedJune 14, 2006
Docket1-05-1617
StatusPublished
Cited by19 cases

This text of 851 N.E.2d 849 (Krivanec v. Abramowitz) 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
Krivanec v. Abramowitz, 851 N.E.2d 849, 366 Ill. App. 3d 350, 303 Ill. Dec. 662, 2006 Ill. App. LEXIS 507 (Ill. Ct. App. 2006).

Opinion

JUSTICE THEIS

delivered the opinion of the court:

Plaintiff, Sandra Krivanec as special administratrix of the estate of George Krivanec, brought this action under the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 2002)) to recover damages for Krivanec’s death allegedly caused by defendant Dr. Bruce M. Abramowitz’s negligent care and treatment. 1 The jury returned a verdict in favor of plaintiff and the trial court entered a judgment on the verdict. On appeal, defendant contends that: (1) the trial court erred in denying his motion for a directed verdict and judgment notwithstanding the verdict because plaintiff failed to prove that defendant’s negligence proximately caused Krivanec’s injuries; (2) the trial court abused its discretion in refusing to grant defendant a new trial based upon various erroneous evidentiary rulings; and (3) the trial court erred in giving plaintiffs version of Illinois Pattern Jury Instructions, Civil, No. 31.04 (2000), where it was not supported by the evidence. For the following reasons, we reverse the judgment of the circuit court.

BACKGROUND

The relevant testimony at trial revealed that Krivanec was 54 years old with a history of chronic asthma and heart disease. On May 22, 1998, he was admitted through the emergency room at Christ Hospital after displaying symptoms of chest tightness, angina, shortness of breath, and a cold sweat. Defendant, a cardiologist, was brought in by the attending physician for a consultation and ordered certain tests. Krivanec’s cardiac work-up was abnormal. He was discharged on May 24, 1998, with directions to follow up with his treating cardiologist, Dr. Pascale, within a week. Krivanec saw Dr. Paséale on July 21, 1998. At that time, he changed Krivanec’s medications, but did not perform an angiogram. Thereafter, Krivanec suffered a heart attack on August 9, 1998, was hospitalized again, and ultimately died on September 24, 1998.

Plaintiffs theory of the case was that defendant failed to inform Krivanec of his abnormal stress test, failed to inform him of his increased risk of heart attack, and failed to advise him that he needed an angiogram. As a result, his treating doctor was deprived of an opportunity to properly diagnose and treat his condition. Had he had an angiogram within the week or so of his discharge, it would have revealed the need for further treatment, which would have prevented his fatal heart attack.

Dr. Jong-Yoon Yi, a cardiac fellow at Christ Hospital at the time of Krivanec’s initial hospital stay, testified that defendant had ordered a stress test to evaluate Krivanec’s breathing difficulty and to determine if he had coronary ischemia (a lack of blood to the heart muscle). Dr. Yi was responsible for performing the test. The test revealed that Krivanec had a significant narrowing of his coronary arteries and indicated that he had exercise-induced ischemia. According to Dr. Yi, the only definitive way to tell which arteries were blocked was to perform an angiogram. Thus, it was his opinion that a reasonably well-qualified cardiologist should have recommended that Krivanec have an angiogram. Alternatively, on cross-examination, Dr. Yi testified that it would have been reasonably prudent for defendant to have returned Krivanec to his prior treating cardiologist with whom he had a relationship for his recommendations. He agreed that the discharge instructions indicated that Krivanec was to follow up with his own treating cardiologist within the week.

Defendant initially testified as an adverse witness. He was called upon for a consult because of Krivanec’s history of coronary artery disease. He ordered a stress test because he needed to rule out a progression of the disease or change in symptoms that might be attributed to Krivanec’s heart. Dr. Yi informed defendant that the results of the stress test were markedly abnormal. Defendant testified that this information was not unexpected given Krivanec’s known medical history. At the time, defendant did not have the results of Krivanec’s previous angiogram and did not know what arteries were blocked or to what extent they were blocked. He agreed that the only definitive way to know that information was to perform an angiogram. He testified that was one of the reasons he insisted that Krivanec go back to his treating doctor within a week.

According to defendant, he had a conversation with Krivanec during his initial evaluation. Defendant told Krivanec that his plan was to perform the stress test to evaluate Krivanec’s symptoms and to make sure his cardiac status was stable. If his status was unstable, then further testing would have to be done, including an angiogram. According to defendant, Krivanec then informed him that he desired to return to his own treating cardiologist, Dr. Pascale, for any further necessary cardiac treatment. That conversation was not documented in the hospital records. The medical records did indicate that pending the results of the stress test, defendant had contemplated that Krivanec might need an angiogram if the test results were abnormal.

Defendant further testified that he believed that Krivanec’s condition was stable enough to discharge him and allow him to follow up with his own cardiologist within the week. He did not tell Krivanec that he was at an increased risk for a heart attack. He did not note in the chart that he told Krivanec he needed an angiogram. Defendant acknowledged that if an angiogram were done and showed a greater than 70% occlusion of the left anterior descending coronary artery, the standard of care would have required Krivanec to undergo either an angioplasty with stent placement or coronary artery bypass surgery.

Plaintiff’s expert, Dr. Timothy McDonough, testified that Krivanec’s symptoms and test results were consistent with unstable angina, which created an increased risk of a heart attack. Accordingly, it was Dr. McDonough’s opinion that defendant deviated from the standard of care in reaching the conclusion that Krivanec’s angina was stable. Dr. McDonough did not testify that defendant should not have discharged Krivanec or that defendant should have performed an angiogram. Rather, Dr. McDonough opined that defendant primarily breached the standard of care in the way he recommended follow-up care to Krivanec. He stated that the standard of care required defendant to inform Krivanec that he was at an increased risk of mortality and inform him that he needed an angiogram to further evaluate his cardiac condition.

In Dr. McDonough’s opinion, it was not enough to tell Krivanec to follow up with his own cardiologist. Dr. McDonough stated that this was minimal advice for someone who had known heart disease, was admitted through the emergency room with symptoms that were initially thought possibly due to an exacerbation of his heart disease, and had a very abnormal stress test. It was Dr. McDonough’s opinion that simply telling the patient to see his doctor did not “add anything” to the advice that the doctor gave the patient. He further stated that patients often have desires that are not necessarily in their best interest.

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Cite This Page — Counsel Stack

Bluebook (online)
851 N.E.2d 849, 366 Ill. App. 3d 350, 303 Ill. Dec. 662, 2006 Ill. App. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krivanec-v-abramowitz-illappct-2006.