Ybarra v. Cross

317 N.E.2d 621, 22 Ill. App. 3d 638, 1974 Ill. App. LEXIS 2077
CourtAppellate Court of Illinois
DecidedAugust 19, 1974
Docket58376
StatusPublished
Cited by20 cases

This text of 317 N.E.2d 621 (Ybarra v. Cross) 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
Ybarra v. Cross, 317 N.E.2d 621, 22 Ill. App. 3d 638, 1974 Ill. App. LEXIS 2077 (Ill. Ct. App. 1974).

Opinion

Mr. JUSTICE BURKE

delivered the opinion of the court:

Plaintiff sued Dr. Roland Cross and Henrotin Hospital for damages because of injuries allegedly sustained as a result of the defendants’ negligence. At the close of plaintiff’s case the court directed verdicts in favor of both defendants and against plaintiff. From the judgments entered thereon plaintiff appeals.

Plaintiff raises an issue as to the propriety of the trial court directing verdicts in favor of the defendants, relying upon the rule enunciated by the Illinois Supreme Court in Pedrick v. Peoria & Eastern Ry Co., 37 Ill.2d 494, 510, 229 N.E.2d 504, 513-14, wherein the court stated:

“[VJerdicts ought to be directed * # * only in those cases in which all the evidence, when viewed in its aspect most favorable to the opponent, so overwhelmingly favors the movant that no contrary verdict based on that evidence could ever stand.”

In order to evaluate plaintiff’s argument, it is necessary to recount in some detail the relevant evidence adduced at the trial. Plaintiff Ybarra testified that on January 16, 1967, he became sick at work. He stated that he could not pass his urine and he went to see the company doctor who recommended he see Dr. Cross at Henrotin Hospital. Plaintiff saw Dr. Cross on the afternoon of January 16; 1967, and after the examination returned home. While plaintiff was at home, he was still “suffering little pains in the stomach.” Plaintiff testified that thereafter the pains became more severe and he was unable to urinate. He stated that on January 19, 1967, his wife and a neighbor drove him back to Henrotih Hospital. While plaintiff Ybarra was being interviewed by a receptionist at the hospital, he lost consciousness and his next memory was lying in bed in one of the hospital rooms.

Plaintiff further testified that he was informed that an immediate operation was necessary. During the operation a “hole and the tube” were inserted in plaintiff’s stomach and a tube inserted in his penis. Plaintiff stated after this first surgery, he thought he saw Dr. Cross on one occasion.

Plaintiff testified that on February 7, 1967, another operation was performed by Dr. Cross. Dr. Cross had called plaintiff’s wife and told her that it was necessary that plaintiff have the operation. Dr. Cross did not explain the nature of the second operation to plaintiff. After the second operation, plaintiff had a tube in his abdomen and another one in his penis. Plaintiff testified that he remained in the hospital for several days after the second operation.

Plaintiff testified that at the time he was discharged from the hospital he had one tube in his stomach and one in his penis with a bag strapped to his leg. He was told to see the doctor once a week and he saw Dr. Cross weekly for 4 or 5 weeks. During this period plaintiff was at home and eventually his condition became “worse.”

Plaintiff’s wife telephoned Dr. Cross on April 6 or 7 and the doctor prescribed some pills for Mr. Ybarra. Plaintiff took the pills and broke out in blisters and was subsequently advised by Dr. Cross to discontinue the medication. Plaintiff testified that Dr. Cross wanted him to return to the hospital but that he was unable to do so.

Thereafter in April, 1967, plaintiff was operated on by Dr. Edwin C. Graf at Presbyterian-St. Luke’s Hospital. Plaintiff did not know the nature of this operation and stated that he was hospitalized for several weeks following the operation. Plaintiff further testified that at the time he was discharged from Presbyterian-St. Luke’s Hospital, his condition was “pretty good” and subsequently he returned to work.

On cross-examination plaintiff testified that he felt “pretty good” a couple of days after the first operation performed by Dr. Cross at Henrotin Hospital. Mr. Ybarra further testified that a couple of days after his discharge. following the second operation performed by Dr. Cross, he felt “pretty good” and even tried to go back to work.

Dr. Roland Cross was called as an adverse witness under section 60 of the Civil Practice Act. (Ill. Rev. Stat. 1973, ch. 110, par. 60.) Dr. Cross testified that he was licensed as a physician in the State of Illinois in 1942 and was Board-certified as a urologist in 1951. In 1967 he was associated with Henrotin Hospital and plaintiff came under his care for urinary retention. Dr. Cross first saw plaintiff on January 18, 1967, and according to the doctors record, Mr. Ybarra’s urine was full of blood. Dr. Cross recommended that plaintiff be hospitalized. Mr. Ybarra was to “think about it” and call back when he was to enter.

On January 19, 1967, Mr. Ybarra was admitted to Henrotin Hospital. At the time of his admission, plaintiff was in the state of acute urinary-retention and “could only dribble out urine.” There were attempts made to pass a catheter and when these proved unsuccessful, the plaintiff was taken to emergency. Dr. Cross performed a suprapubic cystotomy by means of making an incision in the lower belly and opening up the bladder from above in order to drain it.

Dr. Cross further testified that on January 20, 1967, he performed an IVP (Intravenous Pyelogram) on plaint.ff. This IVP did not shed any light on the nature of the plaintiff’s obstruction. Dr. Cross had determined that the location of plaintiff’s obstruction was mid bulb (midway between the back part of the scrotum and the anal opening) from the length of the catheters he had attempted to pass.

Dr. Cross testified that after performing the IVP, the course of treatment administered to plaintiff was to determine the degree of plaintiff’s obstruction. On January 30, 1967, a urethrogram was performed to determine the area of plaintiff’s obstruction and to see the length and severity of the obstruction in order that plans could be formulated to alleviate the obstruction. Dr. Cross described a urethrogram as being a procedure where radio-opaque material is injected into the channel of the patient’s penis and then that area is x-rayed and thereby the point of obstruction is delineated. This urethrogram showed a stricture or obstruction at mid bulb, and confirmed Dr. Cross’ tentative diagnosis of January 19, 1967.

Dr. Cross further testified that after surgery, he left an order to measure plaintiff’s urinary output and that in a case of this nature, the measurement would be made for a day or two after surgery. Dr. Cross then testified as to the specific dates and times at which urinary measurements were made.

The doctor testified that on February 7, 1967, he performed another surgical operation on plaintiff. The purpose of this operation was to cut open the urethral obstruction and place a catheter through that area so that eventually the use of the suprapubic tube could be discontinued. During this surgery, Dr. Cross was able to place a catheter through the plaintiffs normal channel of his urethra and into his bladder. The patient tolerated this surgical procedure well.

Between the first and second surgery, Dr. Cross had no record of how many times he saw plaintiff.

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Cite This Page — Counsel Stack

Bluebook (online)
317 N.E.2d 621, 22 Ill. App. 3d 638, 1974 Ill. App. LEXIS 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ybarra-v-cross-illappct-1974.