Wheaton v. Suwana

793 N.E.2d 978, 341 Ill. App. 3d 929, 276 Ill. Dec. 219, 2003 Ill. App. LEXIS 915
CourtAppellate Court of Illinois
DecidedJuly 15, 2003
Docket5-02-0693
StatusPublished
Cited by4 cases

This text of 793 N.E.2d 978 (Wheaton v. Suwana) 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
Wheaton v. Suwana, 793 N.E.2d 978, 341 Ill. App. 3d 929, 276 Ill. Dec. 219, 2003 Ill. App. LEXIS 915 (Ill. Ct. App. 2003).

Opinion

JUSTICE KUEHN

delivered the opinion of the court:

Larry and Elizabeth Wheaton initiated this lawsuit against M. Stevens Suwana, M.D., EA.C.S., for alleged medical malpractice and resulting loss of consortium. The suit was dismissed as untimely because Dr. Suwana was an employee of Union County Hospital District at the time of the medical actions at issue and that hospital district was a local public entity subject to the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/ 1 — 101 et seq. (West 1998)) and its one-year statute of limitations. Larry and Elizabeth Wheaton appeal from the trial court’s October 2, 2002, order by which the trial court granted the defendant’s motion to dismiss with prejudice.

I. FACTS

Larry Wheaton had an abscess necessitating medical treatment. By the referral of his general practitioner, he sought out Dr. Suwana, who determined that the abscess needed to be removed. Surgery was performed in the doctor’s office on October 15, 1999. Complications developed in the form of an infectious process, and ultimately he presented himself at an emergency room in Cape Girardeau, Missouri, on October 18, 1999. From this emergency room visit, he was admitted to the hospital, underwent “numerous” surgeries, and suffered a loss of a scrotum, a testicle, and some perineal skin.

At the time of the alleged malpractice, Dr. Suwana’s office was located in an annex of the Union County Hospital. Dr. Suwana was a paid salaried employee of the hospital, receiving medical and other employment benefits. Nothing in the manner in which his office was decorated, or in the manner in which Dr. Suwana and his staff conducted themselves, revealed this employment relationship. Dr. Suwana’s prescription pad did not reveal this relationship. Medical bills sent to Larry Wheaton were apparently sent by the hospital but listed Dr. Suwana as the provider.

The medical malpractice suit was filed on March 23, 2001, more than one year following the alleged acts of medical malpractice.

Larry and Elizabeth Wheaton contend that Dr. Suwana fraudulently concealed his relationship. The Wheatons propose no motivation for this alleged fraud. They argue that Dr. Suwana was an independent contractor, based upon the manner and method by which he conducted his practice and exercised his medical decisions, and that we should overlook the contractual relationship.

Dr. Suwana acknowledged in his deposition that his medical discretionary decisions were not guided by Union County Hospital. In her deposition, the hospital administrator, Carol Goodman, agreed with Dr. Suwana’s assessment of the hospital’s level of control over his medical judgment and his medical actions or inactions.

In replying to the Wheatons’ complaint, Dr. Suwana filed a motion to dismiss pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 1998)). On September 25, 2001, the trial court denied Dr. Suwana’s motion to dismiss, finding that at that stage of the litigation process there was a question of fact about whether the alleged medical malpractice arose out of Dr. Suwana’s claimed employment relationship with Union County Hospital.

Discovery on this issue was conducted. On January 18, 2002, Dr. Suwana filed his motion asking the trial court to reconsider its earlier denial of his motion to dismiss. In this motion, he outlined what evidence had been discovered. Union County Hospital District is a “local public entity” under the Act. Larry Wheaton sought medical care from Dr. Suwana in his capacity as a medical doctor. Dr. Suwana had an employment contract with Union County Hospital at the time of the alleged malpractice. The Wheatons introduced no evidence to refute that the alleged malpractice occurred as a result of medical treatment Dr. Suwana rendered in his capacity as a hospital employee. Because the trial court had originally concluded that a factual question existed about whether the actions at issue “arose out of’ Dr. Suwana’s employment relationship with the hospital, Dr. Suwana argued that evidence discovered since that original order supported his employment position. His employment status was supported by his testimony, the testimony of the hospital administrator, his employment contract, and his federal W-2 statement for 1999. In his testimony, Dr. Suwana stated that he had treated Larry Wheaton in his capacity as a hospital employee, that he did not have a private practice at that time, and that he did not treat patients except as a hospital employee. In support of this argument, Dr. Suwana cited to a nearly identical federal court case against a different Union County Hospital employee physician, in which the federal court had concluded that this doctor was an employee and, given the hospital’s public entity status, that the physician was covered under the one-year statute of limitations.

On October 2, 2002, the trial court concluded that the employment relationship was a valid one and that since Union County Hospital is a governmental entity, litigation filed against Dr. Suwana must comply with the one-year statute of limitations contained within the Act. The trial court granted Dr. Suwana’s motion for reconsideration, vacated the September 25, 2001, order denying Dr. Suwana’s motion to dismiss, and granted Dr. Suwana’s motion to dismiss, dismissing the Wheatons’ complaint with prejudice. The Wheatons appeal this order.

II. ANALYSIS

On appeal from a trial court’s involuntary dismissal of a complaint pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 1998)), we must determine “ ‘whether the existence of a genuine issue of material fact should have precluded the dismissal or, absent such an issue of fact, whether dismissal is proper as a matter of law.’ ” Doyle v. Holy Cross Hospital, 186 Ill. 2d 104, 110, 708 N.E.2d 1140, 1144 (1999), quoting Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 116-17, 619 N.E.2d 732, 735 (1993). In other words, our review is de novo. In re Estate of Mayfield, 288 Ill. App. 3d 534, 542, 680 N.E.2d 784, 789 (1997).

The Act contains two sections relevant to the facts of this case. Specifically, section 8 — 101 of the Act provides, “No civil action may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued.” 745 ILCS 10/8 — 101 (West 1998). For purposes of the Act, an employee is defined as “a present or former officer, member of a board, commission!,] or committee, agent, volunteer, servant!,] or employee, whether or not compensated, but does not include an independent contractor.” 745 ILCS 10/1 — 202 (West 1998).

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Bluebook (online)
793 N.E.2d 978, 341 Ill. App. 3d 929, 276 Ill. Dec. 219, 2003 Ill. App. LEXIS 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheaton-v-suwana-illappct-2003.