Rutledge v. Department of Registration & Education

222 N.E.2d 195, 77 Ill. App. 2d 103, 1966 Ill. App. LEXIS 1135
CourtAppellate Court of Illinois
DecidedNovember 21, 1966
DocketGen. 50,808
StatusPublished
Cited by15 cases

This text of 222 N.E.2d 195 (Rutledge v. Department of Registration & Education) 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
Rutledge v. Department of Registration & Education, 222 N.E.2d 195, 77 Ill. App. 2d 103, 1966 Ill. App. LEXIS 1135 (Ill. Ct. App. 1966).

Opinion

MR. JUSTICE MURPHY

delivered the opinion of the court.

This is an administrative review action. Plaintiff appeals from an affirmance by the Circuit Court of a “revocation order” entered by the Department of Registration and Education of the State of Illinois, which revoked the license of Richard M. Rutledge to practice medicine in the State of Illinois.

The report of the “findings and recommendation” of the Medical Examining Committee of the Department, on which the “revocation order” was based, shows that Velma Meyer went to the office of plaintiff, and after an examination was informed by him that she was pregnant. After giving $200 in currency to his assistant, Mrs. Kelso, the plaintiff inserted an instrument in her “for the purpose of aborting her,” and then “inserted packing into her cervix.” She was given pills to take every three hours and was sent home. The following day her legs were stiff, and she experienced cramps. She continued to take the pills and “removed the packing and took a douche.” She made several unsuccessful trips to plaintiff’s office to see him, and “finally, on July 19, 1958, Mrs. Meyer did see the Respondent in his office and complained to him of the pains across her back. Respondent examined her and advised her she was still pregnant. He further advised her to go home, get her things and stay all night and that it would cost her Two Hundred Dollars ($200) for another abortion. She replied that she did not have the money and Respondent advised her that he could do nothing for her and she went home in great pain. That on the evening of July 19, 1958, Dr. William Cutter, Jr. was called and she was moved to the Pekin Hospital in Pekin, Illinois, where she remained for thirty-two (32) days. Dr. William Cutter, Jr. diagnosed her case as “Septic Abortion with a Septic Fulminating Peritonitis.”

The findings conclude with paragraph 6: “That the Respondent, Dr. Richard M. Rutledge, did on July 3, 1958, perform an incomplete abortion on Velma Meyer which resulted in permanent injuries to said Velma Meyer in the nature of an enlargement of the left leg, pains extending downward from above the left knee to above the left foot, pain in the right foot and in the lumbar region of the back and across the hips. That said abortion was the cause of Velma Meyer developing peritonitis and thrombophlebitis of the left lower extremity, resulting in said permanent injuries above mentioned.”

On appeal, plaintiff contends: (1) that the charge in the complaint and amended complaint was not specific and, failing this, the medical committee and the Department of Registration and Education were without jurisdiction to proceed thereon; (2) that the proceedings to revoke his license were not commenced within three years of the commission of the prohibited act, as required by the Medical Practice Act; (3) that the order of revocation is against the manifest weight of the evidence; (4) that plaintiff was not tried by an impartial committee, and that the attorney representing the committee did not conduct himself with the same respect for fairness as was required by the committee; and (5) that plaintiff has been deprived of due process of law.

The briefs of both parties consider and argue that the instant proceedings were covered by the provisions of section 60c of the Civil Administrative Code (Ill Rev Stats, c 127). We do not agree. In Schireson v. Walsh, 354 Ill 40,187 NE 921 (1933), it is said (p 53):

“Section 60c of the act of 1927 attempts to cover substantially the same ground as section 17 of the Medical Practice act but varies therefrom in many material particulars. ... As applied to physicians the act of 1927 is unconstitutional, being in violation of section 13 of article 4 of the constitution.”

See, also, Kalman v. Walsh, 355 Ill 341, 343, 189 NE 315 (1934); People v. Thompson, 387 Ill 134, 56 NE2d 618 (1944).

The statutory procedure to be followed for the “revocation or suspension” of a medical license is set forth in section 16b of Chapter 91, Medicine and Surgery (Ill Rev Stats 1959). That section provides that a citation, signed by the Director, be issued, and that the license holder be summoned to appear at a hearing before the Department. “No citation shall be issued except upon a sworn complaint, filed with the department, setting forth the particular act or acts charged against the person to be cited.” At the hearing, the respondent “shall be accorded ample opportunity to present to the department in his defense, in person or by counsel, such statements, testimony, evidence and argument as he may desire to bring to its attention.” The record shall be “the citation, answer and all other documents in the nature of pleadings filed in the proceedings, and the transcript of testimony.” In section 16b-l it is provided that the action or report in writing of a majority of the examining committee shall be sufficient authority upon which the Director of Registration and Education may act.

The revocation proceedings were commenced on June 23, 1961, by a verified complaint filed with the Department by Kathryn M. Ford, relator, as follows:

“1. Relator is and was at all times referred to herein a duly appointed employee of the Department of Registration and Education of the State of Illinois, and in such capacity she is duly authorized to, and does on behalf of said Department, make this complaint against the respondent.
“2. Respondent is and at all times referred to herein was duly licensed to practice medicine in all of its branches in the State of Illinois.
“3. That on or about the 3rd day of July, A. D., 1958, the said respondent, Dr. Richard M. Rutledge, did professionally treat and/or perform surgery upon the person of one Velma F. Meyer, a female;
“4. That the said respondent was grossly negligent and said negligence resulted in the permanent injury to the said Velma F. Meyer.
“Wherefore, relator states that respondent is guilty of violation of Section 16, paragraph 3, of the Illinois Medical Practice Act and respectfully requests that the Department of Registration and Education of the State of Illinois investigate the actions of the respondent in accordance with the provisions of the said Act.”

The verification of the complaint states that Kathryn M. Ford “knows the contents thereof and the same are true except as to matters stated on information and belief to which she says she verily believes same to be true.”

On July 31, 1961, a verified amended complaint was filed, dated July 7, 1961, which repeats the allegations of the complaint of June 23, 1961, with the exception of paragraph 4, which is restated and charges “that the said respondent was guilty of gross malpractice resulting in the permanent injury to the said Velma F. Meyer.” A notice dated August 11, 1961, sent by registered mail, informed respondent that “a verified amended complaint has been filed in the above matter, a copy of which verified amended complaint is hereto attached and made a part hereof.” Motions made by respondent to strike the complaint and amended complaint were denied.

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Bluebook (online)
222 N.E.2d 195, 77 Ill. App. 2d 103, 1966 Ill. App. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutledge-v-department-of-registration-education-illappct-1966.