Smock v. Hale

555 N.E.2d 74, 197 Ill. App. 3d 732, 144 Ill. Dec. 177, 1990 Ill. App. LEXIS 695
CourtAppellate Court of Illinois
DecidedMay 17, 1990
Docket4-89-0673
StatusPublished
Cited by39 cases

This text of 555 N.E.2d 74 (Smock v. Hale) 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
Smock v. Hale, 555 N.E.2d 74, 197 Ill. App. 3d 732, 144 Ill. Dec. 177, 1990 Ill. App. LEXIS 695 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

In this malpractice action, the defendant succeeded in disqualifying the sole disclosed medical expert for the plaintiff in the pretrial setting. He then filed for summary judgment on the ground the plaintiff had failed to show any present ability to offer competent expert testimony on the applicable standard of medical care. The circuit court thereafter disposed of the action on a motion for summary judgment (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1005(c)). We now reverse and remand.

In light of the issues raised on appeal, the following chronology of events is noted:

The plaintiff, Cynthia Smock, is a former obstetrical patient of the defendant family practice physician, Dr. Marshall Hale, M.D. She consulted the defendant to supervise her pregnancy. A normal pregnancy was precluded by her past history of Crohn’s disease (i.e., severe inflammation of the. intestinal tract). In the 38th week of her pregnancy, the plaintiff experienced abdominal pain with rectal bleeding. The defendant had her admitted for emergency medical treatment at Passavant Area Hospital in Jacksonville, Illinois. She was diagnosed as suffering a life-threatening gastrointestinal hemorrhage. The defendant immediately employed nonoperative treatment methods in an attempt to stabilize the medical condition of the plaintiff. These methods proved unsuccessful as the plaintiff succumbed to shock resulting in the intrauterine demise of the fetus. The defendant then ordered surgery to remove the fetus and to repair the intestinal perforation. Upon recovery from surgery, the plaintiff was discharged from the hospital with treatment continuing for her Crohn’s disease.

The plaintiff filed her medical malpractice complaint in the circuit court of Morgan County on August 14, 1985. She initially named Hale as the defendant. She subsequently named Passavant Area Hospital as a codefendant. The complaint apparently alleges negligent medical care of a pregnant patient with a past history of Crohn’s disease. Although the circuit court allowed the plaintiff leave to amend her complaint on four separate occasions, no copies were included in the record on appeal.

The circuit court took an active role in the pretrial management of the action. The circuit court entered its initial discovery schedule order on December 8, 1986. (107 Ill. 2d Rules 218, 220.) The order set forth the following schedule for discovery: (1) disclosure of expert witnesses for the plaintiff by February 9, 1987, with the completion of any depositions by March 31, 1987; (2) disclosure of expert witnesses for the defendants by May 11, 1987, with the completion of any depositions by June 30, 1987; and (3) commencement of jury trial on July 28, 1987.

On February 5, 1987, the plaintiff disclosed her list of expert witnesses in the action. She proposed a single medical expert: Dr. Richard Taylor, M.D., a board-certified gastrointestinal surgeon.

The circuit court entered its second discovery schedule order on March 30, 1987. The order set forth the following revised schedule for discovery in the action: (1) completion of any depositions on the expert witness for the plaintiff by May 15, 1987; (2) disclosure of expert witnesses for the defendants by July 15/1987, with completion of any depositions by September 1, 1987; and (3) commencement of jury trial on October 26, 1987.

The circuit court entered its third discovery schedule order on May 1, 1987. The order set forth the following revised schedule for discovery in the action: (1) completion of any depositions on the expert witness for the plaintiff by June 12, 1987, and (2) disclosure of expert witnesses for the defendants by August 12, 1987, with completion of any depositions by September 29, 1987; and (3) commencement of jury trial apparently remaining on October 26,1987.

The circuit court entered its final discovery schedule order on July 31, 1987. The order set forth the following revised schedule for discovery in the action: disclosure of expert witnesses for the defendants by August 31, 1987, with completion of any depositions apparently remaining by September 29, 1987.

On September 10, 1987, the defendant disclosed his list of expert witnesses in the action. He proposed two medical experts: (1) Dr. Steven Holt, M.D., a gastroenterologist, and (2) Dr. John E. Sutherland, M.D., a family practice physician.

On September 28, 1987, ending its pretrial management role, the circuit court entered an order setting the action for trial on February 1, 1988. That trial date was ultimately vacated because of the death of the presiding judge. Another judge ruled on several matters until a third judge took over responsibility for the case in mid-1988.

On December 18, 1987, the plaintiff, without the leave of the circuit court, disclosed an addition to her list of expert witnesses in the action. She proposed a second medical expert: Dr. Stephen B. Hanauer, M.D., her treating gastroenterologist.

On January 6, 1988, the defendant filed a motion to strike Hanauer as a medical expert in the action. The motion alleged the plaintiff had failed to disclose Hanauer as an expert witness in a timely manner. (107 Ill. 2d R. 220.) The circuit court granted the motion to strike on April 21, 1988.

On June 17, 1988, the defendant filed a motion to disqualify Taylor as a medical expert in the action. The motion alleged Taylor had failed to establish his familiarity with the standard of medical care applicable to a family practice physician in downstate Illinois. (107 Ill. 2d R. 220; Ill. Rev. Stat. 1987, ch. 110, par. 8 — 2501.) The circuit court granted the motion to disqualify on March 2,1989.

The circuit court entered the following finding in support of its order:

“Dr. Taylor stated in his deposition he did not know of the existence of a medical speciality in the field of family practice, he was unfamiliar with the standards and qualifications for becoming a board-certified family physician, and that he did not know the applicable standards of care for one so certified. As a consequence he may not give an opinion concerning Dr. Hale’s alleged deviation from the applicable standard of care.”

On July 29, 1988, the plaintiff filed a motion to amend her list of medical experts to include all treating physicians as witnesses. The defendant responded "with his objection to that motion on August 10, 1988. The circuit court denied the motion to amend on March 2, 1989.

On October 28, 1988, the plaintiff filed a motion to strike Sutherland as a medical expert in the action. The motion alleged Sutherland had not cooperated in setting up a time schedule for taking his deposition. The defendant filed his response to that motion on November 9, 1988. The circuit court denied the motion to strike on November 21, 1988.

On April 7, 1989, the defendant filed a motion for summary judgment in the action! The motion alleged the plaintiff had failed to show any present ability to offer competent medical testimony on the applicable standard of medical care. The plaintiff filed her response to that motion on June 23, 1989.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.E.2d 74, 197 Ill. App. 3d 732, 144 Ill. Dec. 177, 1990 Ill. App. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smock-v-hale-illappct-1990.