Slater v. Missionary Sisters of the Sacred Heart

314 N.E.2d 715, 20 Ill. App. 3d 464, 1974 Ill. App. LEXIS 2462
CourtAppellate Court of Illinois
DecidedJune 10, 1974
Docket56688
StatusPublished
Cited by16 cases

This text of 314 N.E.2d 715 (Slater v. Missionary Sisters of the Sacred Heart) 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
Slater v. Missionary Sisters of the Sacred Heart, 314 N.E.2d 715, 20 Ill. App. 3d 464, 1974 Ill. App. LEXIS 2462 (Ill. Ct. App. 1974).

Opinion

Mr. JUSTICE LEIGHTON

delivered the opinion of the court:

This is an appeal from a judgment entered in a suit filed by David Slater against the Missionary Sisters of the Sacred Heart, a corporation doing business in Chicago as Columbus Hospital. In a complaint sounding in tort, he sought recovery for personal injuries he allegedly suffered while he was a patient in defendant’s hospital. Slater died while the suit was pending. Therefore, his daughter Patricia, administrator of his estate, was substituted as the party plaintiff. She thereafter filed an amended complaint and the case was heard by a jury. At the close of her case, after the trial court refused to admit certain exhibits she offered in evidence, defendant moved for a directed verdict. The motion was sustained, post-trial motions were later overruled and judgment was entered on the verdict.

Three issues are presented for our review. (1) Whether the trial court erred when it refused to admit certain exhibits offered by plaintiff. (2) Whether, on the facts of this case, the trial court erred in not applying the doctrine of res ipsa loquitur. (3) Whether the trial court erred in sustaining defendant’s motion for directed verdict.

On June 30, 1964, David Slater was admitted to the Columbus Hospital for treatment of a bilateral inguinal bulging. This was the only diagnosis made of his condition; there was no indication of any emotional or psychiatric illness. An operation was recommended, and on July 1, 1964, this was successfully performed. After the necessary surgical procedures, he was returned to a private room on the second floor of the hospital. The post-operation entries in his medical record showed a normal period of recovery after surgery; no neurological difficulty of any kind developed.

At about midnight on July 4, when the supervising nurse looked in on him, Slater had no complaint; he was in bed, reading. She asked him if he needed anything to sleep; he said he did not. Then, in an off-hand comment to the nurse, Slater said, “I usually stay up nights reading anyway.” After hearing this, the nurse left. However, at about 4:30 A.M. the following morning, the nurse found Slater lying in an ambulance driveway 25 feet below his room, having apparently either jumped or fallen from the window. He was banging his head against the pavement saying, “Let me die, leave me alone, just let me die.” Slater was brought back into the hospital, given emergency treatment and later listed as in critical condition. A neurological consultant was called; and after examining Slater, he concluded that the patient had developed delirium tremens at about 4:20 A.M. that morning. In an interview, Slaters mother informed the attending physician and the consultant that her son was a chronic alcoholic who was mentally disturbed as a result of his war experience. From this information, the hospital learned that Slater was a veteran. Consequently, on July 9, 1964, he was transferred to the Veterans Administration Hospital in Chicago. He remained there until November 24, 1964, when he was discharged. Then, unrelated to his injuries of July 5, 1964, Slater died of aspiration pneumonia on November 18, 1966.

At the trial, plaintiff called three witnesses who testified before the jury. The first was the Columbus Hospital supervising nurse who described her inspection of Slaters room at about midnight on July 4, 1964, and how she found him on the ambulance driveway during the early morning hours of July 5. The second was a Veterans Hospital file clerk who brought to court the medical records of Slater’s hospitalization in that institution between July 9 and November 24, 1964. The third was the plaintiff who told the jury of the circumstances under which her father was admitted to Columbus Hospital and the condition in which she saw him after he was found on the ambulance driveway.

In presenting her case to the jury, plaintiff offered in evidence Slater’s medical record at the Veterans Hospital, a statement of the charges that hospital made for the period of hospitalization, a portion of Slater’s Veterans Hospital record, a set of the standards for hospital accreditation, a section of the Illinois Hospital Licensing Act, a copy of the State requirements for hospital licensing and a set of the bylaws, rules and regulations of the Columbus Hospital. To each of these, defendant made an objection which the court sustained.

With regard to the Veterans Hospital records, no nurse, doctor or other person was called to testify to the authenticity of the entries they contained. It is well established that hospital records are generally not admissible without the testimony of the persons who made the entries which comprise the medical records. (Messina v. Zody, 13 Ill.App.3d 566, 300 N.E.2d 851; Flesberg v. Prince Warehouse Co., 37 Ill.App.2d 22, 184 N.E.2d 813.) Obviously, on plaintiffs offer of them, these exhibits were not admissible in evidence. Therefore, the trial court was correct when it sustained defendant’s objections. See Wright v. Upson, 303 Ill. 120, 135 N.E. 209; In re Estate of Rupinski, 131 Ill.App.2d 393, 266 N.E.2d 190.

Plaintiffs other exhibits were a set of standards for hospital accreditation, a section of the Illinois Hospital Licensing Act and a copy of certain parts of the State’s hospital licensing requirements. These were documents; and as such, their admission in evidence was governed by the principles which apply to oral testimony: they must be competent and relevant, or material. 4 Callaghan’s Illinois Evidence § 8.01.

It appears from the pleadings that there was no issue in the case concerning defendant’s compliance with standards for hospital accreditation. In fact, plaintiff did not allege that David Slater was injured as a result of defendant’s noncompliance with hospital accreditation standards. Nor was there any issue between the parties concerning comphance by defendant with the Illinois Hospital Licensing Act or with the State’s requirements for the licensing of a hospital. This being so, the exhibits were irrelevant and immaterial. Exhibits which are irrelevant or immaterial are properly excluded when objections to them are made. (See Kitchell v. Chicago & Illinois Midland Ry. Co., 285 Ill.App. 368, 2 N.E.2d 164; Feeley v. McAuliffe, 335 Ill.App. 99, 80 N.E.2d 373; Rockwood Sprinkler Co. v. The Philips Co., 265 Ill.App. 267; compare Tenebaum v. City of Chicago, 11 Ill.App.3d 987, 297 N.E.2d 716.) Therefore, the trial court did not err when it refused to admit in evidence those certain exhibits which plaintiff offered in evidence.

Nor did the trial court err when it failed to apply the doctrine of res ipsa loquitur to this ease. The doctrine known as res ipsa loquitur is an exception to the general rule which governs burden of proof in medical malpractice cases. (Estell v. Barringer, 3 Ill.App.3d 455, 459, 278 N.E.2d 424

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Bluebook (online)
314 N.E.2d 715, 20 Ill. App. 3d 464, 1974 Ill. App. LEXIS 2462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-missionary-sisters-of-the-sacred-heart-illappct-1974.