Walters v. Marion Memorial Hospital

577 N.E.2d 915, 217 Ill. App. 3d 744, 160 Ill. Dec. 590, 1991 Ill. App. LEXIS 1483
CourtAppellate Court of Illinois
DecidedAugust 27, 1991
Docket5-90-0506
StatusPublished
Cited by8 cases

This text of 577 N.E.2d 915 (Walters v. Marion Memorial 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
Walters v. Marion Memorial Hospital, 577 N.E.2d 915, 217 Ill. App. 3d 744, 160 Ill. Dec. 590, 1991 Ill. App. LEXIS 1483 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RARICK

delivered the opinion of the court:

Plaintiff, Virginia Walters, substituted as special administrator of the estate of Virginia King, now deceased, appeals from the entry of summary judgment granted by the circuit court of Williamson County dismissing her medical malpractice action against defendant, Marion Memorial Hospital (hospital), on the basis that the cause was barred by the statute of limitations as set forth in section 13 — 212 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 13 — 212). We affirm.

On May 29, 1987, King, then age 71, was admitted to defendant hospital for various cardiological and gastrointestinal problems. She ultimately was discharged on July 31, 1987. On June 1, 1987, during her stay in defendant hospital, King fell, fracturing her right hip. On July 14, 1989, King filed a malpractice action against the hospital alleging she learned after being discharged that the nurse on duty negligently failed to properly assist her from the bathroom thereby causing her broken hip. The hospital moved for summary judgment on the grounds the two-year statute of limitations applicable to medical malpractice claims had already run. The trial court granted the hospital’s motion.

King, through Walters, argues on appeal the trial court erred in granting the hospital’s motion for summary judgment when her complaint was filed within two years after her discharge from the hospital’s continuous care and treatment. Moreover, plaintiff argues, whether she timely filed her complaint within two years of the date she discovered her injuries were caused by the hospital’s negligence is a disputed question of fact and therefore not properly decided upon a motion for summary judgment.

Summary judgment is appropriate when the pleadings, depositions, and affidavits, construed most strongly against the movant and most liberally in favor of the opponent, present no genuine issue of material fact and show that judgment should be granted as a matter of law. (See, e.g., Dockery v. Ortiz (1989), 185 Ill. App. 3d 296, 304-05, 541 N.E.2d 226, 230-31; Saunders v. Klungboonkrong (1986), 150 Ill. App. 3d 56, 61, 501 N.E.2d 882, 886; see also Neaterour v. Holt (1989), 188 Ill. App. 3d 741, 745, 544 N.E.2d 846, 849.) The purpose of summary judgment is not to try a question of fact, but to determine whether one exists. (Dockery, 185 Ill. App. 3d at 304, 541 N.E.2d at 230.) If only one conclusion can be drawn from the undisputed facts, then it becomes a question of law with the timeliness of plaintiff’s complaint left for the trial court to determine. Neaterour, 188 Ill. App. 3d at 746, 544 N.E.2d at 850; Saunders, 150 Ill. App. 3d at 61, 501 N.E.2d at 886.

Section 13 — 212 of the Illinois Code of Civil Procedure states in part:

“[N]o action for damages for injury or death against any *** hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, *** of the existence of the injury or death for which damages are sought ***.” (Ill. Rev. Stat. 1987, ch. 110, par. 13 — 212.)

This section has been interpreted as meaning a plaintiff must bring his cause of action for damages against the hospital which he believes injured him within two years of the date on which he knew or reasonably should have known of his injury and that it was wrongfully caused. (Saunders, 150 Ill. App. 3d at 59, 501 N.E.2d at 885; Roper v. Markle (1978), 59 Ill. App. 3d 706, 710, 375 N.E.2d 934, 937-38; see also Nolan v. Johns-Manville Asbestos (1981), 85 Ill. 2d 161, 171, 421 N.E.2d 864, 868; Ravin v. A.H. Robins Co. (1989), 182 Ill. App. 3d 46, 50, 538 N.E.2d 164, 166.) Wrongfully caused does not mean actual knowledge of a specific defendant’s negligent conduct or that an actionable wrong was committed (Dockery, 185 Ill. App. 3d at 305, 541 N.E.2d at 231; Saunders, 150 Ill. App. 3d at 59, 501 N.E.2d at 885; Bates v. Little Co. of Mary Hospital (1982), 108 Ill. App. 3d 137, 140, 438 N.E.2d 1250, 1253), but rather becoming possessed of sufficient information concerning an injury and its cause to put a reasonable person on inquiry to determine whether actionable conduct was involved. (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 416, 430 N.E.2d 976, 980-81; Bates, 108 Ill. App. 3d at 140, 438 N.E.2d at 1253; see also Nolan, 85 Ill. 2d at 171, 421 N.E.2d at 868.) Often the nature of the injury itself controls the determination of when a plaintiff has such knowledge or reasonably should have known that his injury was caused by defendant’s wrongful conduct. (Saunders, 150 Ill. App. 3d at 60, 501 N.E.2d at 885; see also Ravin, 182 Ill. App. 3d at 51, 538 N.E.2d at 167.) If the injury is traumatic in nature, that is, immediate and caused by an external force or violence, the plaintiff knows or should know of his right to sue when injured. (See Bates, 108 Ill. App. 3d at 141-42, 438 N.E.2d at 1253-54; Roper, 59 Ill. App. 3d at 711, 375 N.E.2d at 938; see also Lofton v. General Motors Corp. (7th Cir. 1982), 694 F.2d 514, 518-19.) The more obvious the injury, the more easily a plaintiff should be able to determine its cause. (Saunders, 150 Ill. App. 3d at 60, 501 N.E.2d at 885.) On the other hand, if the injury is latent in nature, not manifesting itself until sometime after the defendant’s wrongful act occurred, or is an aggravation of a physical problem which may naturally develop absent negligent causes, a plaintiff is not expected to immediately know of either its existence or its potential wrongful cause. (Va Salle v. Celotex Corp. (1987), 161 Ill. App. 3d 808, 810, 515 N.E.2d 684, 686; Saunders, 150 Ill. App. 3d at 60, 501 N.E.2d at 885; Lutes v. Farley (1983), 113 Ill. App. 3d 113, 116, 446 N.E.2d 866, 868.) Until the plaintiff knows or should know that his condition, seemingly innocent in causation, is perhaps the result of another’s negligent acts, he has no opportunity to discover that a cause of action exists. (Roper, 59 Ill. App. 3d at 714, 375 N.E.2d at 940.) Here, however, plaintiff had the opportunity to discover that a cause of action existed when she fell. Under no clearer set of circumstances could a plaintiff pinpoint the precise time of an injury. (See Dockery, 185 Ill. App. 3d at 305-06, 541 N.E.2d at 231; see also Lofton, 694 F.2d at 515, 518.) Even plaintiff admitted she was injured on June 1, 1987, the day she fell. Her injuries were not the result of any past medical treatment, but rather arose from a traumatic event.

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

Related

Cossio v. Preckwinkle
2023 IL App (1st) 230595-U (Appellate Court of Illinois, 2023)
McCorry v. Gooneratne
775 N.E.2d 591 (Appellate Court of Illinois, 2002)
Daubach v. Honda Motor Co., Ltd.
707 N.E.2d 746 (Appellate Court of Illinois, 1999)
Daubach v. Honda Motor Co.
Appellate Court of Illinois, 1999
Golla v. General Motors Corp.
657 N.E.2d 894 (Illinois Supreme Court, 1995)
Sharpenter v. Lynch
599 N.E.2d 464 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
577 N.E.2d 915, 217 Ill. App. 3d 744, 160 Ill. Dec. 590, 1991 Ill. App. LEXIS 1483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-marion-memorial-hospital-illappct-1991.