Myers v. Williams

513 N.E.2d 1209, 160 Ill. App. 3d 707, 112 Ill. Dec. 600, 1987 Ill. App. LEXIS 3164
CourtAppellate Court of Illinois
DecidedSeptember 24, 1987
Docket5-86-0206
StatusPublished
Cited by4 cases

This text of 513 N.E.2d 1209 (Myers v. Williams) 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
Myers v. Williams, 513 N.E.2d 1209, 160 Ill. App. 3d 707, 112 Ill. Dec. 600, 1987 Ill. App. LEXIS 3164 (Ill. Ct. App. 1987).

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

The circuit court of Marion County entered judgment upon a jury verdict in favor of defendant, Dr. L. E. Williams, and against plaintiffs, Ruth Ann and Larry Ray Myers, on plaintiffs’ malpractice claim. Plaintiffs have perfected the instant appeal. The facts are as follows.

On August 24, 1983, at approximately 11 a.m., plaintiff Ruth Ann Myers, a cleaning lady, “felt something pull in Pier] back” when she picked up the end of a couch while cleaning a client’s house. She finished the cleaning job, went home, did her own housework and prepared dinner for her husband and herself. Since her back was still bothering her, Mrs. Myers called defendant, a chiropractor, at approximately 5 p.m. for an appointment. Mrs. Myers and her daughter went to defendant’s office shortly thereafter. Mrs. Myers testified that she had no difficulties with either leg at that time.

Between 5 p.m. and 6 p.m., Mrs. Myers arrived at defendant’s office. After completing a form and having X rays taken of her spine, she was ushered into the treatment room, where defendant instructed her to lie face down on a padded table. Mrs. Myers testified that defendant performed “some kind of adjustments” while she was lying face down and that she felt intense pain radiating from her back down into her legs when she tried to roll over onto her side. Mrs. Myers testified that after defendant helped her to her side, he performed “some kind of adjustments” upon her back and her legs and that she continued to experience the same kind of pain. After defendant was finished, he helped Mrs. Myers off the table and guided her to her car; defendant walked backwards facing Mrs. Myers, his arms and hers locked together. She made an appointment with defendant for 8 o’clock the following morning.

Mrs. Myers testified that when she got home she needed assistance walking to the back steps. At the back steps she could not lift her legs, so her husband carried her up the steps, into the house and laid her down on a sofa where she spent the night. Although Mrs. Myers was able to change her clothing the following morning, she could not take a bath.

On August 25, 1983, Mrs. Myers, with the aid of crutches, walked from her car to defendant’s treatment room for her appointment. After defendant helped place her on the examining table, Mrs. Myers testified that defendant “[put] his hands on my back” and that the pressure he exerted while doing so caused pain so intense that defendant had to stop. Defendant then rubbed something on Mrs. Myers’ back and helped her off the table. Mrs. Myers thereafter left defendant’s office on crutches with assistance from her son. Mrs. Myers made an appointment with defendant for the following day.

Mrs. Myers testified that when she arrived at her home, she walked with crutches from the car to the sofa, with assistance from her son in getting up the back steps. With the exception of going to the restroom, she stayed on the sofa until the following day. Mrs. Myers testified that during this time she felt excruciating pain emanating from her lower back into both legs, especially the left leg.

On August 26, 1983, Mrs. Myers, once again with the aid of crutches, walked from her car to the defendant's treatment room for her appointment. Mrs. Myers testified that after defendant helped her onto the examining table, he showed her a tool which he was going to use to exert pressure upon her back. During this treatment, Mrs. Myers continued experiencing the same pain. This was the last treatment Mrs. Myers received from the defendant.

Mrs. Myers testified that after this treatment she went home and lay on the sofa, where she remained for approximately 12 days. After this period, her condition improved and she was able to resume her occupation. However, she continued to feel pain radiating from her back into her lower legs. While cleaning a house on April 13, 1984, Mrs. Myers once again experienced intense back and leg pain. After driving home she called her husband, who took her to the emergency room at St. Mary’s Hospital in Centraba, Illinois. Mrs. Myers testified that the emergency room physician took X rays and performed a CT scan, then gave her injections and a prescription for Demerol. This physician told Mrs. Myers that she should obtain further medical treatment from a specialist.

On April 17, 1984, Mrs. Myers was examined by Dr. John Kenney, an orthopedic surgeon. Dr. Kenney obtained a history, conducted a physical examination, and reviewed X rays, a lumbar myleogram and a CT scan and concluded that Mrs. Myers had an acute herniated disc at the L5-S1 level. On April 23, 1984, Dr. Kenney performed surgery on Mrs. Myers’ lower back and removed a large herniated disc at the L5-S1 level. Dr. Kenney testified during an evidence deposition that the herniated disc could have caused the back pain Mrs. Myers suffered.

Defendant could not independently recall his examination and treatment of Mrs. Myers. Relying upon the notes he made while examining and treating Mrs. Myers, defendant testified as follows as to how he probably treated her.

When Mrs. Myers arrived for her first visit, defendant took three X rays of her lumbar spine and pelvis. Although defendant found no fractures, dislocations, or bone disease processes in these X rays, he noted “a noticeable flattening of the lumbar spine” and “a lot of flatulence in the colon.” Defendant then palpated Mrs. Myers’ lower back to detect the presence of pain, swelling, or muscle spasm. After doing so, defendant concluded that Mrs. Myers had “an acute sacrolumbar sprain with subluxation [i.e., muscle spasms caused by misalignment of the spine] and a right pelvic deficiency.” Mrs. Myers was given ultrasound therapy and her right innominate bone was treated with an activator instrument (i.e., an instrument held against the spine which exerts a light thrust upon a subluxated structure) in an attempt to get the bone to return to its normal position. Defendant could not recall assisting Mrs. Myers to her car after this treatment.

While testifying as an adverse witness during plaintiffs’ case in chief, defendant admitted that, as shown by his billing, his treatment of Mrs. Myers was the same on August 25, 1983, as it was the previous day, August 24. The identical treatment bills for these dates were broken down as follows: $6 for “physical medicine treatment to one area; hot or cold packs” and $20 for “traction, manual,” a total of $26 for treatment on each day. Defendant admitted that use of an activator instrument is not manual traction and that manual traction is not manipulation. While testifying during his case in chief, defendant admitted that on August 25, 1983, he made “a right PD adjustment to [Mrs. Myers’] right sacroiliac joint and the right innominate bone” with an activator instrument. This admission was based upon an exhibit plaintiffs admitted during their case in chief (plaintiffs’ exhibit 18, entitled “Patient Progress Report”). Although defendant recalled using an activator instrument during the August 25 treatment, plaintiffs’ exhibit 18 makes no reference to use of an activator instrument until the treatment rendered the following day.

On August 26, 1983, defendant treated Mrs.

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Bluebook (online)
513 N.E.2d 1209, 160 Ill. App. 3d 707, 112 Ill. Dec. 600, 1987 Ill. App. LEXIS 3164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-williams-illappct-1987.