Pruitt v. Schultz

601 N.E.2d 1372, 235 Ill. App. 3d 934, 176 Ill. Dec. 674
CourtAppellate Court of Illinois
DecidedOctober 15, 1992
Docket4-92-0136
StatusPublished
Cited by11 cases

This text of 601 N.E.2d 1372 (Pruitt v. Schultz) 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
Pruitt v. Schultz, 601 N.E.2d 1372, 235 Ill. App. 3d 934, 176 Ill. Dec. 674 (Ill. Ct. App. 1992).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Six of thirteen plaintiffs in the medical malpractice action appeal from a summary judgment entered against them by the circuit court of Champaign County. The trial court held that the actions were barred by the statute of limitations under section 13 — 212 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1983, ch. 110, par. 13 — 212).

Plaintiffs contend the trial court erred in holding that section 13— 212 of the Code barred their actions. Alternatively, they contend that theories of equitable estoppel and the continuous course of treatment doctrine bar defendant from raising the statute of limitations. We need only consider the first contention.

I. Background

Dr. Dorothy Schultz, a specialist in neurology, diagnosed the six plaintiffs as having a rare condition known as myasthenia gravis (M.G.) and treated them for a number of years until she retired in June 1982. In simple terms, M.G. is a disease characterized by great muscular weakness and progressive fatigability. Because of an excess of a certain chemical, or lack of another chemical, nerve impulses fail to induce normal muscle contractions. Over a period of time, it may well lead to death. The disease is not easily diagnosed, and the medication usually prescribed (and prescribed by Dr. Schultz) can cause M.G. symptoms in a person not having the disease. When plaintiffs sought out other physicians to continue their care, they were informed that they did not have M.G. and they should discontinue medication. Each patient experienced a marked improvement in health after halting M.G. medication. Joseph Pelszynski and Nancy Miller filed their causes of action on June 18, 1984. The other four plaintiffs were added to the suit on an amended complaint filed on December 3, 1984.

The trial court based its dismissal on statements made in plaintiffs’ discovery depositions. Defendant contends that events occurred during the treatment of each patient that should have triggered an inquiry to determine whether a cause of action existed against defendant. Defendant successfully argued in the summary judgment proceedings that these suspicions were raised more than two years before the suit was filed against her and the causes therefore are barred by section 13 — 212 of the Code. Plaintiffs argue there is a genuine issue of material fact as to what point in time each plaintiff learned of the injury and, therefore, the court erred in granting a motion for summary judgment. Section 13 — 212 of the Code read, in relevant part:

“No action for damages for injury or death against any physician *** arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known *** of the injury or death for which damages are sought in the action ***.” Ill. Rev. Stat. 1983, ch. 110, par. 13-212.

The statute begins to run when plaintiff knows, or reasonably should know, of both the physical problem and also knew, or reasonably should have known, that it was wrongfully caused. (McIntyre v. Christ Hospital (1989), 181 Ill. App. 3d 76, 536 N.E.2d 882.) “Wrongfully caused” does not mean plaintiff must have knowledge of a specific defendant’s negligent act or knowledge that an actionable wrong was committed. Rather, a person knows, or reasonably should know, an injury is “wrongfully caused” when he possesses “sufficient information concerning his injury and its cause to put a reasonable person on inquiry to determine whether actionable conduct is involved.” (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 416, 430 N.E.2d 976, 980-81.) The plaintiff then has the burden to investigate further as to the existence of the cause of action. (Witherell v. Weimer (1981), 85 Ill. 2d 146, 421 N.E.2d 869.) Whether the injured person has become possessed of sufficient information concerning his or her injury and its cause to put a reasonable person on inquiry to determine whether actionable conduct is involved is usually a question of fact. Knox College, 88 Ill. 2d at 416, 430 N.E.2d at 980-81.

In ruling on a motion for summary judgment, the trial court must consider the pleadings and evidentiary matters in the record in the light most favorable to the nonmoving party and accept as true all reasonable inferences from such facts which favor the nonmovant. It is improper to grant a motion for summary judgment where the material evidentiary facts are in dispute or where, when the facts are undisputed, reasonable minds might draw different reasonable inferences from such facts. (American States Insurance Co. v. Whitsitt (1990), 193 Ill. App. 3d 270, 549 N.E.2d 988.) As applied to the present case, whether plaintiffs knew or reasonably should have known, both of their injuries and that they were caused by a wrongful act, are genuine issues of fact to be determined by the finder of fact, unless only one conclusion may be drawn from the undisputed facts. Close questions on this issue should not be decided as a matter of law, but are best left for juries. McIntyre, 181 Ill. App. 3d at 81, 536 N.E.2d at 885-86.

II. Depositions

We first examine the statements in the depositions upon which the trial court based the summary judgments.

A. Dorothy Pratt (Action filed December 3,198f)

Dorothy Pratt was treated by Dr. Schultz from 1973 until defendant’s retirement in 1982. Dr. Schultz told Pratt at the outset that she should have a family doctor to take care of problems such as colds, et cetera. Shortly after her diagnosis of M.G., this family physician, Dr. Strzembosz, told Pratt he did not think she had M.G. When asked her reaction to this conversation, she replied, “Well, I believed her [(Dr. Schultz)].” She never sought a second opinion, and Strzembosz never recommended that she get one. Pratt saw Strzembosz once or twice a year from 1973 to 1982, and he discussed her M.G. on nearly every visit. She felt that Dr. Schultz was the expert and he was not and, therefore, believed Dr. Schultz.

Her husband also did not believe that she had M.G. and wanted her to see another doctor, but Pratt just did not want to. When asked if she felt that she was being properly treated at the time by Dr. Schultz, Pratt replied, “No, because I wasn’t getting any better.” As a possible result of taking the M.G. medication, Pratt began to develop ulcer problems in 1977 and was forced to go off the M.G. medication. Asked her opinion of Dr. Schultz in 1977, Pratt replied, “I didn’t think too much of her to be honest with you. *** She wasn’t doing me any good. *** She was guessing.” Despite these comments, she claims she did not really lose faith in Dr. Schultz during that year. She felt defendant could still do her some good, but she was displeased with the progress she was making.

In 1982, after defendant retired, Pratt saw another neurologist, Dr. Rajeswaren.

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Cite This Page — Counsel Stack

Bluebook (online)
601 N.E.2d 1372, 235 Ill. App. 3d 934, 176 Ill. Dec. 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-schultz-illappct-1992.