Purtill v. Hess

489 N.E.2d 867, 111 Ill. 2d 229, 95 Ill. Dec. 305, 1986 Ill. LEXIS 195
CourtIllinois Supreme Court
DecidedFebruary 6, 1986
Docket61517
StatusPublished
Cited by1,143 cases

This text of 489 N.E.2d 867 (Purtill v. Hess) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Purtill v. Hess, 489 N.E.2d 867, 111 Ill. 2d 229, 95 Ill. Dec. 305, 1986 Ill. LEXIS 195 (Ill. 1986).

Opinion

JUSTICE RYAN

delivered the opinion of the court:

This medical malpractice action was instituted by the plaintiff, Carol L. Purtill, for damages occasioned by the alleged negligence of the defendants, George Elfers, M.D., J. H. Hess, M.D., and Gibson Community Hospital, in the care, diagnosis, and treatment of the plaintiff during and following the birth of her child. The circuit court of Champaign County granted motions for summary judgment in favor of defendants Elfers and Gibson Community Hospital, on the-ground that plaintiff’s complaint was barred by the applicable statute of limitations. The circuit court also entered summary judgment in favor of defendant Hess on the basis of plaintiff’s failure to affirmatively demonstrate the ability to offer competent expert testimony at trial concerning the applicable standard of medical care. (See 87 Ill. 2d R. 191; Bartimus v. Paxton Community Hospital (1983), 120 Ill. App. 3d 1060.) The appellate court affirmed the circuit court’s entry of summary judgment in favor of the defendants in an unpublished Rule 23 order (87 Ill. 2d R. 23). (128 Ill. App. 3d 1162.) We granted plaintiff’s petition for leave to appeal (94 Ill. 2d R. 315). After oral argument, a brief amicus curiae was filed on behalf of Dr. Hess by the Illinois State Medical Society. This appeal involves only defendant Hess. No question has been raised in this court concerning the ruling of the trial and appellate courts on the statute of limitations issue.

On July 3, 1979, plaintiff gave birth to a child at Gibson Community Hospital in Gibson City. Dr. George Elfers, a licensed Illinois physician and surgeon practicing in McLean County, in the course of delivering the baby, performed a midline episiotomy, a surgical incision of the vulva. (Stedman’s Medical Dictionary 474 (5th ed. 1982).) This incision allows delivery to occur without the tearing of the tissues which support the rectum and bladder, and prevents excessive stretching as the newborn passes through the vagina. 5B Lawyers’ Medical Cyclopedia of Personal Injuries & Allied Specialties sec. 37.7d (1972).

While performing the episiotomy, however, Dr. Elfers allegedly lacerated or tore the tissue between plaintiff’s rectum and vagina. During the weeks following the delivery, plaintiff was examined by her family physician, Dr. J. H. Hess, a licensed Illinois physician practicing in Rantoul, in Champaign County. Dr. Hess’ medical records indicated that he examined plaintiff in the area of her vagina and in the area of the episiotomy on July 9, August 9, and August 19 of 1979. Dr. Hess noted in his records that the scar left by. the episiotomy seemed to be healing satisfactorily.

Approximately four months following the delivery, plaintiff began to experience the passing of fecal matter and flatulence from her vaginal opening. Plaintiff sought the medical advice of Dr. Hess. There is conflicting evidence in the record as to the exact number of occasions plaintiff consulted Dr. Hess. Plaintiff testified that she sought Dr. Hess’ medical advice either by phone or by office visit on at least four occasions. Dr. Hess’ notes and medical records indicated that the plaintiff first consulted him on September 19, 1980. In any event, the record established that between October of 1979 and February of 1981, plaintiff sought the medical advice of Dr. Hess, complaining only of vaginal irritation and discharge. Dr. Hess diagnosed plaintiff’s condition during this period as a yeast infection and treated her with a topical ointment and vaginal suppositories. Plaintiff’s problem, however, did not abate, and her condition deteriorated, proving particularly bothersome during her menstrual period.

Finally, on February 12, 1981, plaintiff informed Dr. Hess that she was passing fecal matter and flatulence through her vaginal opening. After a vaginal examination, Dr. Hess diagnosed the existence of a rectovaginal fistula at the site of the episiotomy performed by Dr. Elfers. A rectovaginal fistula is an abnormally formed canal or passage leading from the rectum to the vagina. (Stedman’s Medical Dictionary 530-31 (5th ed. 1982).) A fistulous opening is formed by “the failure in the healing process of a penetrating wound.” (2 Attorneys’ Dictionary of Medicine and Word Finder (MB) No. 609, at F-52 (1984).) Dr. Hess referred plaintiff to Dr. Lewis Trupin, a licensed Illinois gynecological specialist practicing in Champaign. Dr. Trupin examined plaintiff in June of 1981. Plaintiff subsequently underwent surgery at Burnham City Hospital in July of 1981. Dr. Trupin repaired the fistula and the third degree laceration in her rectal tissue allegedly resulting from an obstetrical injury during the episiotomy and delivery of plaintiff’s child.

On February 14, 1983, plaintiff filed a three-count complaint in the circuit court of Champaign County, seeking damages for injuries allegedly sustained by her as a result of negligent medical diagnosis and treatment by the defendants. Count I of the complaint, which was directed against Dr. Hess, alleged that he negligently failed to properly diagnose the presence of, or the formation of, two rectovaginal fistulae following child delivery on July 3, 1979, failed to use proper techniques in the presence of plaintiff’s complaints, delayed in taking necessary steps to arrive at a proper diagnosis of plaintiff’s condition of ill-being, and failed to refer plaintiff to a properly qualified gynecological specialist capable of diagnosing her condition. Count II was directed against Dr. Elfers, and count III was against the hospital. The trial court granted summary judgment in favor of the defendants as to counts II and III, holding that the statute of limitations had run. The appellate court affirmed. That issue has not been raised in this court.

On September 8, 1983, Dr. Hess filed a motion for summary judgment pursuant to section 2 — 1005 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1005), on the ground that there was no genuine issue as to any material fact in the action and that he was entitled to summary judgment as a matter of law. The motion was supported by his own affidavit. The affidavit set forth the specific instances in which Dr. Hess diagnosed and treated plaintiff for gynecological problems following the delivery of her child in July of 1979. The affidavit stated that the plaintiff did not present any symptoms suggestive of a rectovaginal fistula until February 12, 1981. After maintaining that Dr. Hess was familiar with the standard of care applicable to general practitioners in the Rantoul area for the years 1979 through 1981, the affidavit asserted that because an examination for a rectovaginal fistula is quite painful, the standard of care in Rantoul did not require a general practitioner to perform such an examination absent symptoms suggestive of that disorder. Finally, the affidavit concluded with an opinion, to a reasonable degree of medical certainty, that Dr. Hess’ diagnosis and treatment of plaintiff’s gynecological problems conformed to the applicable standard of care for general practitioners in the Rantoul area in the years 1979 through 1981.

Dr. Hess’ motion for summary judgment dealt solely with his freedom from negligence, and it did not raise the issue that plaintiff’s complaint was filed on February 14, 1983, two years and two days following the discovery of Dr. Hess’ alleged negligence. However, on September 9, 1983, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kingston Partners, LLC v. Lynn Plaza, LLC
2023 IL App (1st) 220652-U (Appellate Court of Illinois, 2023)
Campbell v. White County Coal, LLC
2023 IL App (5th) 220302-U (Appellate Court of Illinois, 2023)
Lakeview East Cooperative v. Ohiku
2023 IL App (1st) 220130-U (Appellate Court of Illinois, 2023)
Williamson v. Evans Nails & Spa Corp.
2023 IL App (1st) 220084 (Appellate Court of Illinois, 2023)
Echelon Property and Casualty Insurance Co. v. Jones
2023 IL App (1st) 210161-U (Appellate Court of Illinois, 2023)
Blagden v. McMillin
2023 IL App (4th) 220238 (Appellate Court of Illinois, 2023)
Solomon v. Center for Comprehensive Services, Inc.
2023 IL App (5th) 210391-U (Appellate Court of Illinois, 2023)
Williams v. Evans Nails & Spa Corporation
2023 IL App (1st) 220084-U (Appellate Court of Illinois, 2023)
Raab v. Frank
2019 IL App (2d) 171040 (Appellate Court of Illinois, 2019)
MidFirst Bank v. Riley
2018 IL App (1st) 171986 (Appellate Court of Illinois, 2019)
Russo v. Corey Steel Co.
2018 IL App (1st) 180467 (Appellate Court of Illinois, 2019)
Home Healthcare of Illinois, Inc. v. Jesk
2017 IL App (1st) 162482 (Appellate Court of Illinois, 2018)
Cebertowicz v. Baldwin
2017 IL App (4th) 160535 (Appellate Court of Illinois, 2017)
Gapinski v. Gujrati
2017 IL App (3d) 150502 (Appellate Court of Illinois, 2017)
CitiMortgage, Inc. v. Sconyers
2014 IL App (1st) 130023 (Appellate Court of Illinois, 2014)
In re Marriage of Cozzi-Digiovanni
2014 IL App (1st) 130109 (Appellate Court of Illinois, 2014)
Palm v. 2800 Lake Shore Drive Condominium Association
2014 IL App (1st) 111290 (Appellate Court of Illinois, 2014)
Palm v. 2800 Lake Shore Drive Condominium Association
2014 IL App (1st) 111290 (Appellate Court of Illinois, 2014)
In re Detention of Duke
2013 IL App (1st) 121722 (Appellate Court of Illinois, 2014)
Ford-Sholebo v. United States
980 F. Supp. 2d 917 (N.D. Illinois, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
489 N.E.2d 867, 111 Ill. 2d 229, 95 Ill. Dec. 305, 1986 Ill. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purtill-v-hess-ill-1986.