Wiedenbeck v. Searle

895 N.E.2d 1067, 385 Ill. App. 3d 289
Appellate Court of Illinois·Decided September 22, 2008·No. 1-07-2986·Published·Cited by 44 cases

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

The only question in this medical malpractice case is whether the evidence of record demonstrates a genuine issue of material fact: was Dr. Howard Searle’s breach of the applicable standard of care a proximate cause of Cheryl Anderson-Wiedenbeck’s injuries and subsequent death? Granting Dr. Searle’s motion for summary judgment, the trial court found there was insufficient evidence of proximate cause to take the case to a jury. We agree with the trial court.

FACTS

On November 1, 2001, Cheryl Anderson-Wiedenbeck (Wiedenbeck), a 38-year-old mother of two, went to the Convenient Care of Stratford North urgent care facility (Stratford), complaining of a severe headache. Dr. Searle, a family practice physician, took her medical history and examined her. Wiedenbeck told Dr. Searle she had suffered from migraines in the past but this one was more severe than any previous headache, having lasted over two days. She had been treated with over-the-counter migraine medication without relief and was experiencing shooting pains and nausea without vomiting. Dr. Searle noted she had a slight fever, “boggy” nasal mucosa, and the inability to clear her ears. Dr. Searle performed a routine neurological examination, which indicated Cheryl Wiedenbeck was within the normal limits. She was diagnosed with sinusitis and eustachian tube dysfunction and discharged with antibiotics. She was advised to follow up with her primary care physician or return to the clinic if she did not improve. Dr. Searle did not order a CT scan or a neurological consultation.

On Friday, November 2, 2001, Wiedenbeck’s headache worsened, causing her to call back to Stratford. Kim Stock, the nurse with whom she spoke, told her to give the antibiotics time to work and to come back to the center the following day if she did not feel better. Later that evening, Cheryl Wiedenbeck’s husband called Stratford and said his wife had started vomiting and her headache had worsened. He was told to take her to the emergency room.

At approximately 9:45 p.m. on November 2, 2001, Dr. Joseph Boyle, an emergency room physician at Central DuPage Hospital, saw Wiedenbeck. Dr. Boyle ordered a CT scan, which was analyzed by Dr. Gregory Zweig, a neuroradiologist. The CT scan revealed a colloid cyst in the third ventricle, which was causing significant hydrocephalus, possible downward tonsillar herniation, and possible downward transtentorial herniation. Dr. Boyle consulted with the on-call neurosurgeon, Dr. Douglas Johnson. Rather than coming in to see the patient himself, Dr. Johnson suggested she be transferred to a university setting better equipped to handle her problem.

Wiedenbeck was transferred to the University of Chicago hospital. When she arrived at approximately 3 a.m. on November 3, 2001, Dr. Christian Sikorski examined her. He found her condition stable and ordered that an extraventricular drain kit (EVD) be kept at Wiedenbeck’s bedside. Surgical removal of the cyst was scheduled for later that morning. At approximately 5:10 a.m. on November 3, 2001, Wiedenbeck’s condition worsened and she suffered a brain herniation. Dr. Sikorski then inserted the EVD. As a result of the herniation, Wiedenbeck experienced irreversible brain damage which ultimately led to her death in a rehabilitation facility on October 5, 2005.

There is a factual dispute regarding whether Dr. Boyle told Dr. Johnson and Dr. Sikorski the full results of the CT scan. Both Dr. Johnson and Dr. Sikorski testified they were not advised of Dr. Zweig’s herniation findings and would have responded differently if they had known. In his deposition, Dr. Sikorski said he would have performed the EVD immediately upon Wiedenbeck’s admission to the University of Chicago hospital had he known the severity of Dr. Zweig’s findings. This conflict in testimony has no bearing on the case against Dr. Searle.

Richard Wiedenbeck, special administrator of Cheryl Wiedenbeck’s estate, filed a medical malpractice lawsuit against Convenient Care of Stratford North, Dr. Searle, Central DuPage Hospital, Dr. Boyle, the University of Chicago, and Dr. Sikorski. Plaintiff settled his claim against the University of Chicago for $4.3 million and voluntarily dismissed the action against Dr. Sikorski.

Following a hearing, the trial court granted Dr. Searle’s motion for summary judgment, finding plaintiff failed to present sufficient evidence of proximate cause to take the case to a jury. The trial court denied plaintiffs Rule 304(a) (210 Ill. 2d R. 304(a)) motion for leave to pursue an immediate appeal of the summary judgment order. Plaintiff then voluntarily dismissed the remaining defendants in the case, rendering the summary judgment order final.

DECISION

Plaintiff contends the trial court erred in granting summary judgment in favor of Dr. Searle. Specifically, plaintiff contends the record contains expert testimony sufficient to create a factual question concerning the proximate cause element of his action.

“Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue of material fact and that the party is entitled to judgment as a matter of law.” Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 305, 837 N.E.2d 99 (2005). Although a party is not required to prove his case at the summary judgment stage (Northern Illinois, 216 Ill. 2d at 306), the plaintiff must present sufficient evidence to create a genuine issue of material fact (Hussung v. Patel, 369 Ill. App. 3d 924, 931, 861 N.E.2d 678 (2007)). We review an order granting summary judgment de novo. Hussung, 369 Ill. App. 3d at 931.

A plaintiff in a medical malpractice case must prove: “ ‘(1) the standard of care against which the medical professional’s conduct must be measured; (2) the defendant’s negligent failure to comply with that standard; and (3) that the defendant’s negligence proximately caused the injuries for which the plaintiff seeks redress.’ ” Hussung, 369 Ill. App. 3d at 931, quoting Sunderman v. Agarwal, 322 Ill. App. 3d 900, 903, 750 N.E.2d 1280 (2001). The parties agree this case turns on whether plaintiff’s experts adequately established a material question of fact regarding whether Dr. Searle’s allegedly negligent treatment proximately caused Wiedenbeck’s injuries and subsequent death. For our analysis of the summary judgment we find no factual dispute concerning Dr. Searle’s deviation from the standard of care.

While the issue of proximate cause is ordinarily a question of fact for the jury (Townsend v. University of Chicago Hospitals, 318 Ill. App. 3d 406, 410, 741 N.E.2d 1055 (2001)), at the summary judgment stage the plaintiff must present affirmative evidence that the defendant’s negligence was arguably a proximate cause of the plaintiffs injuries (Hussung, 369 Ill. App. 3d at 931).

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Wiedenbeck v. Searle, 895 N.E.2d 1067, 385 Ill. App. 3d 289 (Ill. Ct. App. 2008).

895 N.E.2d 1067 (Wiedenbeck v. Searle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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