Weininger v. Siomopoulos

851 N.E.2d 1249, 366 Ill. App. 3d 428
CourtAppellate Court of Illinois
DecidedJune 2, 2006
Docket1-04-3173 Rel
StatusPublished
Cited by1 cases

This text of 851 N.E.2d 1249 (Weininger v. Siomopoulos) 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
Weininger v. Siomopoulos, 851 N.E.2d 1249, 366 Ill. App. 3d 428 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Plaintiff Barbara Weininger sued Dr. Vasilis K. Siomopoulos, Resurrection Health Care, Saint Francis Hospital and Linda Lewandowski for negligent care and treatment of her mental problems. Weininger alleged that as a consequence of the negligent treatment, she had suicidal intent and went out onto the roof of her house and fell to the ground. Weininger later filed an amended complaint in which she added Dr. Theo Tepas as a defendant and alleged that Dr. Tepas negligently treated her when she was admitted to the hospital after the fall from the roof. The circuit court dismissed with prejudice that count of Weininger’s amended complaint on the ground that the count did not relate back to the date of the filing of the original complaint and was therefore barred by the statute of limitations. For the reasons that follow, we affirm the order of the circuit court.

BACKGROUND

The facts underlying the instant appeal are largely undisputed. In June 2000, plaintiff Barbara Weininger consulted Linda Lewandowski, a social worker at Saint Francis Hospital, for help with the mental health problems she was experiencing. After a consultation, Lewandowski determined that Weininger was in need of further psychiatric help, and Weininger had a consultation with another employee of Saint Francis, Dr. Vasilis Siomopoulos. Siomopoulos concluded that Weininger suffered from anxiety and depression and prescribed psychotropic medication. Siomopoulos also scheduled Weininger for a follow-up appointment. However, Weininger never showed up for that appointment. She met with Lewandowski at a later time and Lewandowski noted on Weininger’s chart that the “balance” in her life was “off markedly.” Lewandowski also subsequently learned that Weininger was not taking the medication prescribed by Siomopoulos and that she felt that she was punishing herself and had negative feelings toward herself. On July 28, 2000, Weininger went out onto the roof of her house with suicidal intent and either fell or jumped to the ground, suffering injuries which resulted in hospitalization at Saint Francis. Although Weininger was released from Saint Francis a few days later, she subsequently received additional psychiatric treatment from another hospital.

On June 20, 2002 Weininger filed a complaint against Lewandowski, Siomopoulos, Saint Francis and the hospital’s owner, Resurrection Health Care. Count I alleged that Lewandowski and Siomopoulos negligently treated Weininger in that Siomopoulos failed to perform a complete psychiatric evaluation, failed to diagnose her condition, and failed to follow up with Weininger when she did not show up to her appointment. According to the complaint, Lewandowski was also negligent in failing to perform a complete mental health evaluation and reach a diagnosis, and in failing to either evaluate reasons why Weininger was not taking her medications or to inform Siomopoulos about the lapse. The complaint further charged Lewandowski with negligence in leaving for vacation, informing Weininger of her departure only by leaving an answering machine message, and failing to leave Weininger the identity of another psychiatrist who could be contacted during Lewandowski’s absence. Weininger alleged that her fall from the roof was a result of this negligent treatment. Counts II and III of the original complaint pertained to Weininger’s insurance company and are not relevant to this appeal.

On January 8, 2004, Weininger filed an amended complaint which left count I intact but added a different count II. The added count restated the allegations of negligence against Siomopoulos, Lewandowski, Saint Francis and Resurrection but additionally alleged negligence on the part of Dr. Theo Tepas, a psychiatrist who treated Weininger at Saint Francis when she was admitted after the fall. Weininger’s amended count II alleged that Dr. Tepas and/or the other defendants were negligent because they failed to appropriately evaluate plaintiff’s mental condition both before and after her fall and failed to provide appropriate postinjury treatment. Weininger alleged that as a result of these negligent omissions her mental and psychiatric condition deteriorated, she had to be admitted to Evanston Hospital for further treatment and had to endure more physical pain and mental suffering.

Defendants filed motions to dismiss count II of the amended complaint under section 2 — 619 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619 (West 2002)) for failure to comply with the applicable statute of limitations. The circuit court found that section 2 — 616 of the Code (735 ILCS 5/2 — 616 (West 2002)), which permits the addition of otherwise untimely claims by amendment if the new claims sufficiently “relate back” to those filed originally, would not permit Weininger’s amendments because the original complaint “clearly focused on the failure to treat properly prior to the fall” and there was no indication in the original complaint of allegations of negligence pertaining to the treatment after the fall. The court also determined that the original complaint did not give defendants sufficient notice to prepare a defense to the new allegations in count II. The court granted defendants’ motions to dismiss; this appeal followed.

ANALYSIS

The question raised by the instant appeal is whether the trial court erred in granting the original defendants’ and Dr. Tepas’ motions to dismiss count II of Weininger’s amended complaint on the ground that the action was not commenced within the time permitted by the statute of limitations. 735 ILCS 5/2 — 619(a)(5) (West 2002). We review de novo the decision to dismiss pursuant to section 2 — 619. People ex rel. Devine v. Time Consumer Marketing, Inc., 336 Ill. App. 3d 74, 78 (2002).

The statute of limitations for medical malpractice action provides that no action for damages, injury or death arising out of patient care may be brought against any physician or hospital more than two 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. 735 ILCS 5/13 — 212 (West 2002). Weininger’s amended complaint was filed in 2004, almost four years after her fall from the roof and her resulting hospital stay. On its face, the newly added claims in count II are thus time-barred.

Such claims are spared the limitations bar if they meet the requirements of section 2 — 616 of the Code of Civil Procedure, which governs amendments filed after expiration of the limitations period. The applicable subsections of the Code provide:

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Cite This Page — Counsel Stack

Bluebook (online)
851 N.E.2d 1249, 366 Ill. App. 3d 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weininger-v-siomopoulos-illappct-2006.