Thomas v. University of Chicago Lying-In Hospital

583 N.E.2d 73, 221 Ill. App. 3d 919, 164 Ill. Dec. 519, 1991 Ill. App. LEXIS 1913
CourtAppellate Court of Illinois
DecidedNovember 12, 1991
Docket1-90-2713
StatusPublished
Cited by6 cases

This text of 583 N.E.2d 73 (Thomas v. University of Chicago Lying-In Hospital) 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
Thomas v. University of Chicago Lying-In Hospital, 583 N.E.2d 73, 221 Ill. App. 3d 919, 164 Ill. Dec. 519, 1991 Ill. App. LEXIS 1913 (Ill. Ct. App. 1991).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Plaintiff, Helen Thomas, appeals from an order of the circuit court, which directed a verdict for defendant Dr. Bruce Pielet at the close of Thomas’ case in chief during the parties’ medical malpractice trial. Thomas also appeals from the court’s judgment entered upon the jury’s verdict in favor of defendant University of Chicago Lying-In Hospital. The issues presented for review are whether the circuit court committed reversible error by directing the verdict and whether the jury’s verdict in favor of the hospital was against the manifest weight of the evidence. We affirm, for reasons which follow.

On August 10, 1984, Thomas filed a two-count complaint, sounding in medical malpractice against defendants, which alleged that the hospital discharged Thomas in unsatisfactory condition following the birth of twins. She further charged that Dr. Pielet gave her improper medication when she returned to the hospital for the treatment of post-delivery bleeding.

At trial, Thomas testified that she entered the hospital on June 14, 1983, and delivered twins in the early morning of June 15. At the time of the delivery, several “interns” were present, but no one assisted her in the birth of the second twin. After the second twin was born, those present “pressed” out the afterbirth. Thomas remained in the hospital for two days during which time she experienced nothing unusual.

Thomas returned to the university clinic in the evening of June 27 because she was bleeding heavily from her vagina. According to Thomas, she had lost about one-half to three-quarters of a cup of blood since 2:30 that afternoon. Dr. Pielet examined her and found no evidence of bleeding. Pielet gave Thomas a prescription, but did not tell her to return to the clinic if the bleeding continued. For the next three days, Thomas experienced mild cramping and continued bleeding. She did not return to the clinic because Pielet had told her to take all the medicine until it was finished. By June 30, Thomas experienced heavy blood loss, which necessitated her return to the clinic. When Thomas arrived at the clinic, she was semi-conscious and very weak. After receiving fluids, Thomas suffered a collapsed lung, and doctors needed a venous catheter to restore her breathing. Doctors then told Thomas that she required a dilatation and curettage (D & C). After that procedure was performed, Thomas’ condition improved.

Dr. Pielet testified as an adverse witness. On June 27, 1983, Thomas came into the university clinic where Pielet was on duty and told him that she had been bleeding since 2:30 that afternoon. Pielet examined her and found only an old blood clot in the vaginal cavity, with no sign of active bleeding. Thomas did not complain of fever, chills, cramping or abdominal pain, and all of her vital signs were normal. Her uterus size was consistent with that of a patient who was 12 days postpartum. Pielet also performed a hematocrit, which revealed that Thomas’ red blood cell count also was within normal range for Thomas’ post-delivery condition. Pielet did not perform a manual inspection of the uterus because Thomas’ cervix was not dilated. Pielet prescribed medication and told Thomas that she might experience additional bleeding. He informed her that she would have to return to the hospital immediately if the bleeding resumed.

Dr. Anita Stewart testified as Thomas’ expert. Stewart is a board-certified pediatrician, but is not certified in either obstetrics or gynecology. Stewart is the medical director at the New City Health Center and also works as a consultant for the Illinois Department of Public Aid, where she, with a panel of other doctors, reviews the care received by aid recipients. Stewart reviewed all of Thomas’ records and found that, in her medical opinion, Thomas did not receive the appropriate care. Based on Stewart’s review of the delivery room chart, Stewart stated that it appeared that Thomas was “checked” only by a medical student. Stewart stated the standard of care dictates that the placenta be inspected only by a licensed physician and not by a medical student since a licensed physician can better detect signs of complications. Moreover, Stewart asserted that the incidence of retained placental fragments is greater with twins; therefore, the standard of care is heightened. This heightened standard requires the delivery physician to “feel inside the uterus,” checking to ensure that it is smooth and that no fragments remain. Since the manual exploration was not performed in Thomas’ case, Stewart believed Thomas received substandard care from the hospital staff during her delivery.

Stewart identified further deviations from the standard of care which occurred on Thomas’ June 27 visit to the clinic. According to Stewart, Pielet should have reviewed the pathology report and should have manually inspected the uterus. A complete blood count (CBC) should have been ordered as opposed to the hematocrit which was performed. Stewart stated that the CBC would have been more inclusive and reliable. Finally, Pielet should have told Thomas to return to the hospital if bleeding resumed.

On cross-examination, Stewart admitted that retained placental tissue can occur even where no negligence occurs. A patient can suffer from placental retainage, and doctors reasonably may be unable to diagnose the condition. Furthermore, missing placental fragments sometimes are not visible. Stewart believes that post-delivery manual exploration should be done in all cases. However, retained placental fragments can still remain undetected even if manual uterine exploration is performed. The pathology report on the placenta revealed that it appeared to be complete although several lacerations were discovered. Stewart admitted that Thomas’ delivery record was signed by Dr. Herbst, the delivering physician, and that Pielet’s record of Thomas’ June 27 visit contained instructions for Thomas to return if bleeding, fever, or chills occurred.

At the close of plaintiff’s case, defendants moved for directed verdicts. The circuit court granted the motion as to Dr. Pielet, but denied the motion as to the hospital.

Dr. David Zbaraz, a board-certified obstetrician/gynecologist, testified as the hospital’s expert witness. He reviewed Thomas’ records and found that the care she had received was both appropriate and within the accepted standards. Zbaraz explained that, in 3% of all deliveries, the succenturiate lobe of the placenta is not expelled during the afterbirth. However, it is very difficult to ascertain if the lobe is missing when the placenta is visually examined. According to Zbaraz, a physician has to perform a D & C after delivery in order to determine definitively if the lobe was expelled. Such a procedure, however, would subject the patient to more risks than benefits. Furthermore, the retainage can escape detection if the patient does not experience any post-delivery fever, chills, unusual uterine tenderness and excessive bleeding. In Thomas’ case, her hospital records indicated that the delivery physician, Dr. Herbst, checked the placenta. Moreover, the placenta also was sent to the pathology department for a test which later revealed that the placenta, although lacerated, was intact. Based on these facts, Zbaraz did not find any evidence of negligence on the part of the delivery team.

Zbaraz disagreed with Dr.

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583 N.E.2d 73, 221 Ill. App. 3d 919, 164 Ill. Dec. 519, 1991 Ill. App. LEXIS 1913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-university-of-chicago-lying-in-hospital-illappct-1991.