Petkus v. Girzadas

532 N.E.2d 333, 177 Ill. App. 3d 323, 126 Ill. Dec. 648, 1988 Ill. App. LEXIS 1694
CourtAppellate Court of Illinois
DecidedDecember 7, 1988
Docket88-0979
StatusPublished
Cited by12 cases

This text of 532 N.E.2d 333 (Petkus v. Girzadas) 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
Petkus v. Girzadas, 532 N.E.2d 333, 177 Ill. App. 3d 323, 126 Ill. Dec. 648, 1988 Ill. App. LEXIS 1694 (Ill. Ct. App. 1988).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff Anna Petkus, as special administrator of the estate of her husband, Joseph B. Petkusj deceased, appeals from a trial court order granting summary judgment in this medical malpractice action in favor of defendants, Drs. Daniel V. Girzadas, Robert A. Miller and Richard A. Sodetz, partners in Oak Lawn Orthopedics, S.C. The court granted summary judgment on the basis that plaintiff’s sole expert witness, a cardiologist, could not provide the requisite expert opinion of the conduct of an orthopedic surgeon. Dr. Mary DiFilippo and Christ Hospital remain as defendants in the action.

The physicians’ depositions reveal the following facts. On September 22, 1981, Dr. Miller, an orthopedist, admitted decedent to the hospital with a broken leg after he fell off a ladder. Decedent denied having a prior cardiology condition. The first stage of a surgical procedure was performed that day, and decedent remained in intensive care until the following day.

On September 24, decedent complained of chest pain. On September 25, decedent’s EKG of the previous day was labeled abnormal. Dr. Miller called in Dr. DiFilippo, a cardiologist, as a consulting physician. Dr. DiFilippo diagnosed a myocardial infarction which could have occurred either in the hospital or prior to the hospitalization.

An October 4 EKG also showed the myocardial infarction. On October 5, Dr. Miller performed the second stage of surgery on the fractured leg. He did not recall having reviewed the October 4 EKG report prior to surgery.

On October 13, Dr. Miller wrote in decedent’s chart that decedent would be getting up in a chair and beginning physical therapy. Dr. Miller testified that Dr. DiFilippo orally approved physical therapy twice daily. Dr. DiFilippo’s October 13 chart notation states that at physical therapy decedent felt faint and his vision blackened. She can-celled further therapy for that day, but ordered its resumption the next day. She ordered: “Please get patient up in a chair today. No physical therapy today. Resume PT tomorrow, but only standing for a few moments, ambulating 5 to 10 feet. Increase gradually, daily, has not been out of bed for three weeks.” She prescribed nitroglycerine and Maalox at his bedside.

At 2:10 p.m., Dr. Mendek ordered an EKG “stat” when decedent complained of heaviness in the chest after getting out of bed.

On the morning of October 14, decedent was returned to physical therapy, although the results from the previous day’s EKG were not yet available.

At 1:30 p.m. on October 14, decedent was taken to physical therapy for the second time that day. Upon arrival, he complained of feeling warm. He was pale, perspiring, had short, rapid and shallow respiration, a blood pressure of 90 over 60 and a heart rate of 106. He was returned to his room. At 3:30 p.m., decedent appeared gray and was perspiring, with blood pressure of 65 over 16. Decedent then suffered cardiac arrest. He died at 4:30 p.m.

Dr. Miller testified in an evidence deposition that he was responsible for decedent’s orthopedic management and Dr. DiFilippo was primarily responsible for decedent’s medical management. Dr. Miller performed the October 5 surgery without the benefit of the October 4 EKG results because he believed it was up to the internists to inform him if the surgery would not be safe. In regard to the October 13 physical therapy, Dr. Miller believed it was appropriate whether or not the patient had a heart problem. It was up to the internists to tell him otherwise. Dr. Miller found it acceptable to return decedent to physical therapy on October 14 without seeing the October 13 EKG results.

Dr. William H. Wehrmacher, a cardiologist, testified for plaintiff in an evidence deposition. Dr. Wehrmacher examined all decedent’s medical records, including the records of defendants and Dr. DiFilippo. He also reviewed the autopsy report and the coroner’s microscopic slides with a pathologist.

In Dr. Wehrmacher’s opinion, there were deviations from the standard of care with respect to the medical care decedent received. Those deviations aggravated the natural history of decedent’s heart disease and may have actually precipitated the final episode. Decedent clearly exhibited signs of coronary artery disease, and the medical care failed to adequately manage his cardiac condition in the hospital. Instead, he was repeatedly subjected to physical activities in excess of what his heart could withstand.

According to Dr. Wehrmacher, the appropriate standard of care for a post-operative patient with a cardiac condition required very limited, carefully monitored physical movement, particularly after the October 5 surgery. The October 12 EKG showed a substantial change and should have alerted the attending physicians to monitor the cardiac condition carefully. The October 13 EKG again showed dramatic changes. Dr. Wehrmacher criticized the fact that, while decedent may have suffered another myocardial infarction in physical therapy on October 13, nothing was done to assess it and decedent was returned to physical therapy twice more on October 14.

Dr. Wehrmacher opined that defendants were responsible for stopping physical therapy by October 13, if not before. Defendants should have withdrawn the physical therapy order entirely. They should have collaborated with the other treating physicians, including the cardiologist, to obtain sufficient information about the cardiac condition before ordering increased physical activity.

Dr. Wehrmacher also testified that he was not qualified to render an opinion about the actual orthopedic care rendered for the fracture.

The trial court reviewed the depositions of Drs. Miller and Wehrmacher, reviewed a portion of Dr. DiFilippo’s deposition, and granted summary judgment in favor of the defendant orthopedic surgeons. The trial court found that, although Dr. Wehrmacher, plaintiff’s only expert witness, criticized the orthopedists, he expressly denied acting as an expert with respect to those physicians. Plaintiff appeals.

Summary judgment should not be entered for defendants unless all of the evidence viewed in the aspect most favorable to the plaintiff so overwhelmingly favors defendants that no contrary verdict could ever stand. (Borowski v. Von Solbrig (1975), 60 Ill. 2d 418, 328 N.E.2d 301.) Summary judgment may be appropriate where plaintiff fails to establish the standard of care by means of an affidavit or deposition of a doctor. However, if reasonable persons could arrive at different conclusions, summary judgment should be denied. (Smothers v. Butler (1979), 78 Ill. App. 3d 1018, 398 N.E.2d 12.) Summary judgment is a drastic means of disposing of litigation and should be allowed only when the right of the moving party is clear and free from doubt. Purtill v. Hess (1986), 111 Ill. 2d 229, 489 N.E.2d 867.

Plaintiffs in medical malpractice cases must establish the standard of care against which the defendant doctor’s conduct will be measured. (Borowski v.

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Bluebook (online)
532 N.E.2d 333, 177 Ill. App. 3d 323, 126 Ill. Dec. 648, 1988 Ill. App. LEXIS 1694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petkus-v-girzadas-illappct-1988.