Lee v. Ingalls Memorial Hospital

606 N.E.2d 160, 238 Ill. App. 3d 154, 179 Ill. Dec. 328, 1992 Ill. App. LEXIS 1722
CourtAppellate Court of Illinois
DecidedOctober 26, 1992
Docket1-91-0525
StatusPublished
Cited by4 cases

This text of 606 N.E.2d 160 (Lee v. Ingalls Memorial 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
Lee v. Ingalls Memorial Hospital, 606 N.E.2d 160, 238 Ill. App. 3d 154, 179 Ill. Dec. 328, 1992 Ill. App. LEXIS 1722 (Ill. Ct. App. 1992).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Plaintiff, Raymond Earl Lee, by his father and next friend, Ray Lee, sought damages from defendant, Ingalls Memorial Hospital, and codefendant, Dr. Jalai Abtahi, for injuries received because of defendants’ alleged negligence during Raymond’s birth at the hospital on February 27, 1977. At the ensuing trial, a jury returned a verdict against Dr. Abtahi for $3.3 million. The jury also returned a verdict in favor of the hospital. Plaintiff appeals from the jury’s verdict in favor of the hospital.

We affirm.

Cynthia Lee, Raymond’s mother, testified that she arrived at the hospital at 12:20 a.m. on February 27, 1977. Following her admission, two nurses performed a preliminary examination of her. Mrs. Lee did not recall being given any medication at this point. Later, Mrs. Lee was transferred to the labor room where she received medication intravenously. Not long after, Dr. Abtahi entered the room and told her to push. After pressing on her stomach, he told her that she had to be put to sleep. Mrs. Lee next saw Dr. Abtahi after she had recovered, and he informed her that he had experienced difficulty in delivering the baby’s shoulders and that he had had to “use some instruments.” Mrs. Lee stated that Raymond has trouble with his right arm, which he cannot use in a normal manner.

According to plaintiff’s expert, Dr. Ronald Lorenzini, Raymond’s birth was complicated by a condition known as dystocia, which arises when a baby’s shoulders cannot be delivered following the delivery of the infant’s head during the course of a normal birth. Lorenzini stated that the medical care and treatment afforded to Mrs. Lee in this case were not within the accepted standard of medical care. Specifically, Lorenzini faulted the hospital’s “injudicious” use of Pitocin and Dr. Abtahi’s “excess force.” Pitocin is an oxytocic drug which causes the uterus to contract forcefully and is used to stimulate labor. Lorenzini noted that, according to the hospital record of Raymond’s birth, Pitocin was given to Mrs. Lee intravenously at some time “predelivery.” Lorenzini stated that if Pitocin was given pursuant to a verbal order of the doctor, then no deviation from the standard of care occurred. Moreover, Lorenzini admitted that Pitocin has no relationship to the development of dystocia and that there was no indication that the administration of Pitocin to Mrs. Lee prior to Raymond’s delivery caused or contributed to the injury at issue. Lorenzini stated the child’s injury was due to Abtahi’s inappropriate use of forceps and excess force.

Dr. Abtahi testified that he received two telephone calls from the hospital on February 27, 1977, regarding Mrs. Lee’s labor. During one of the calls, he ordered Demerol, a painkiller, for Mrs. Lee. According to the nursing progress notes, no oxytocic drugs were administered to Mrs. Lee while she was in the labor room. Abtahi could not recall if he ordered Pitocin for Mrs. Lee. If he did order Pitocin verbally, there would not be a written order for it on Mrs. Lee’s chart. The only indication of such a verbal order would be an “X” on the delivery room record, which, in fact, appeared on Mrs. Lee’s chart. If, however, Pitocin was given to Mrs. Lee without his order, then a deviation from the accepted standard of care had occurred. During Raymond’s delivery, the baby’s shoulders became lodged behind Mrs. Lee’s pelvis. To facilitate the delivery, Abtahi used forceps and performed maneuvers. After the child was born, Abtahi noticed that the child’s right arm was injured.

Bettie Yale, one of the labor and delivery room nurses who attended Mrs. Lee on the night in question, testified that, after Mrs. Lee’s admission to the hospital, Dr. Abtahi was telephoned. At 1 a.m., Dr. Abtahi was called to come to the hospital because Mrs. Lee’s labor had progressed. Mrs. Lee was given Demerol intravenously pursuant to the doctor’s telephone order. Mrs. Lee was brought into the delivery room at 1:25 a.m. According to Yale, the labor was stimulated with the aid of Pitocin, which was given intravenously in the delivery room. Yale swore that she did not give Mrs. Lee Pitocin without an order from the doctor. During deliveries, Pitocin commonly is ordered verbally because the physician cannot take the time to write out a written order. In contrast, a written order is required if the drug is to be administered in the labor room.

Roseanne Rooney was the other labor and delivery room nurse who attended Mrs. Lee on February 27. Rooney made entries on Mrs. Lee’s chart, noting her vital statistics and the medicinal orders received by phone from Dr. Abtahi. These drugs were noted on Mrs. Lee’s labor room record and on her “IV fluid sheet.” According to Rooney, Dr. Abtahi did not order Pitocin over the phone, and Mrs. Lee did not receive the drug in the labor room because if such an order had been given, Pitocin would have been noted on Mrs. Lee’s labor room record, on her medication record and on her IV fluid sheet. Mrs. Lee began receiving medicine intravenously at 1 a.m., and she was taken to the delivery room at 1:25 a.m. According to Mrs. Lee’s delivery room record, she was given Pitocin in the delivery room “predelivery” on the verbal order of Dr. Abtahi. Rooney swore that she did not administer Pitocin without the doctor’s order. Neither Rooney nor Yale could state positively that she entered the “X” on Mrs. Lee’s delivery room record, indicating that Pitocin had been administered.

Mary Sandra Weaver, the hospital’s coordinator of nursing policy and procedure, testified that, during 1977, 10 to 12 policies were in effect, one of which was an obstetric and gynecology policy book and one of which was a general nursing policy book. The obstetric and gynecology policy book applied only to nurses working in that specialty area. The general policy book governed the entire nursing department. According to Weaver, verbal and written order policy concerning the drug Pitocin would not be contained in the general nursing policy book because that drug is only administered in the specialty area of obstetrics and gynecology. Weaver identified the general nursing policy book revised on August 8, 1978. That particular policy made no reference to Pitocin. Weaver attempted to search for the policy manual in effect during the time in question, but could not locate it. Weaver did not know the practice of Pitocin administration in delivery room situations in 1977 because she was not a “labor/delivery” room nurse.

Both defendants’ experts testified that the “X” on the delivery room record indicated that Pitocin was administered to Mrs. Lee and that such a procedure comported with the standard of care. Both doctors testified that the administration of Pitocin did not cause or contribute to Raymond’s injury.

Following closing arguments, the jury returned the verdicts indicated above. The circuit court denied all post-trial motions, and this appeal followed.

Plaintiff first asserts that circuit court erred by refusing to allow certain rebuttal evidence. Plaintiff contends the hospital, at trial, claimed to be in compliance with applicable written hospital policies, contrary to the position it took during discovery, when it claimed that such policies did not exist. Specifically, plaintiff sought to admit the following interrogatory answer provided by the hospital during discovery:

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Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 160, 238 Ill. App. 3d 154, 179 Ill. Dec. 328, 1992 Ill. App. LEXIS 1722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-ingalls-memorial-hospital-illappct-1992.