Zajac v. St. Mary of Nazareth Hospital Center

571 N.E.2d 840, 212 Ill. App. 3d 779, 156 Ill. Dec. 860, 1991 Ill. App. LEXIS 587
CourtAppellate Court of Illinois
DecidedApril 8, 1991
Docket1-88-1932
StatusPublished
Cited by31 cases

This text of 571 N.E.2d 840 (Zajac v. St. Mary of Nazareth Hospital Center) 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
Zajac v. St. Mary of Nazareth Hospital Center, 571 N.E.2d 840, 212 Ill. App. 3d 779, 156 Ill. Dec. 860, 1991 Ill. App. LEXIS 587 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE MANNING

delivered the opinion of the court:

Plaintiff, Maria Zajac, initially brought this action against defendants, St. Mary of Nazareth Hospital Center (hereinafter St. Mary’s Hospital), Dr. Mohammed Sirajullah and Dr. Timothy Watson, alleging medical malpractice. On January 22, 1988, prior to trial on this matter, a settlement was reached between Dr. Sirajullah and plaintiff for $900,000. Thereafter, Dr. Sirajullah was dismissed with prejudice. Dr. Watson was also dismissed as a party defendant, since he was never served, and the trial proceeded solely against St. Mary’s Hospital on a theory that the hospital had been negligent by its failure to review and monitor the treatment provided by Dr. Sirajullah. On March 24, 1988, the jury returned a verdict in favor of the defendant. Thereafter, the trial court entered a judgment on the jury’s verdict and denied plaintiff’s post-trial motion for a new trial. Plaintiff appeals the jury’s verdict, contending that; (1) the trial court erred in precluding plaintiff’s expert from testifying regarding the hospital review procedures and bylaws; (2) Dr. Sirajullah should have been treated as an adverse witness; (3) the course of treatment rendered by Dr. Sirajullah at St. Mary’s Hospital was relevant to establish the hospital’s duty to review and supervise the medical care administered to a patient; and (4) the trial court erred in precluding Dr. Landon’s additional expert opinion.

On June 21, 1985, Maria Zajac, plaintiff, 65 years old at the time of trial, filed a medical malpractice complaint against Dr. Sirajullah, Dr. Watson and St. Mary’s Hospital. The complaint alleged that between November 19, 1982, and September 4, 1984, plaintiff was treated by Dr. Mohammed Sirajullah and Dr. Timothy Watson at St. Mary’s Hospital for an arthritic problem with her right knee. During surgery performed on the knee, Dr. Sirajullah and Dr. Watson unnecessarily removed an additional one-half inch of plaintiff’s femur while preparing the knee for an insertion of a prosthesis device. Over the next two years following the surgery, plaintiff suffered from infection problems. In 1984 plaintiff transferred to Rush-Presbyterian-St. Luke’s Hospital for further treatment. The complaint further alleges an agency relationship between the hospital, Dr. Sirajullah, and Dr. Watson, contending that the hospital was negligent by its failure “to provide adequate personnel in the operating room; to examine the plaintiff; to order proper tests of the plaintiff; to provide a non-defective prosthetic device; to properly treat the plaintiff; and to advise the plaintiff of the hospital’s negligence.” Plaintiff also alleged that as a proximate cause of defendant’s alleged negligent conduct, plaintiff has suffered from many injuries, including a shortening of her leg, necrosis of the leg due to inadequate blood supply, bone grafts, skin grafts and infections. Additionally, there is a possibility that plaintiff’s right leg will have to be amputated. The record discloses that the following evidence was adduced at trial.

Henry Pachura, plaintiff’s son-in-law, testified that on April 4, 1983, after discovering that the plaintiff was very ill, he called an ambulance and accompanied her to St. Mary’s Hospital. On April 14, 1983, Mr. Pachura sought help for the plaintiff through the hospital administration by informing Mr. Ulaszek, vice-president of administration, that he was worried about the decisions being made in regards to the plaintiff, who was scheduled to be operated on that morning. Mr. Ulaszek consulted with Dr. Robert Swastek, head of internal affairs, who assured Mr. Pachura that they would look into the matter. Mr. Pachura testified that he relied on Mr. Ulaszek’s representation that the matter would be taken care of and did not complain any further.

Barbara Pachura, plaintiff’s daughter, testified that prior to the time that plaintiff experienced problems with her knee in 1979, she was very mobile and self-sufficient. She further testified that prior to surgery, Dr. Sirajullah advised plaintiff that the only alternative was a total knee replacement, which carried certain risks. After knee surgery in 1982, plaintiff experienced pain when she walked and became limited in the things that she could do. Ms. Pachura testified that she inquired after the April 14, 1983, surgery as to “why there were so many surgeries in a short period of time.” Dr. Watson told her that the hospital environment was one possibility. Ms. Pachura further testified that she asked in April 1983 whether another doctor could be assigned to plaintiff’s case and was told by Dr. Swastek that Dr. Sirajullah is a competent doctor. Ms. Pachura testified that in April 1983, her mother developed boils on her leg and her condition did not improve until she began getting medical help at Rush-Presbyterian-St. Luke’s Hospital. Plaintiff’s medical bills at St. Mary’s Hospital totaled $214,269.71.

Dr. Steven Gitelis testified that he is a board-certified orthopedic surgeon who treated plaintiff in 1984 when she came to Rush-Presbyterian-St. Luke’s Medical Center from St. Mary’s Hospital with an infected total knee arthroplasty. He testified in his capacity, not as plaintiff’s expert witness, but as plaintiff’s treating physician at Rush-Presbyterian-St. Luke’s Medical Center, stating that the long-term result of the use of the type of prosthesis plaintiff had was a higher incidence of infection. Dr. Gitelis stated that prophylactic antibiotics should be used when a surgeon puts in a hinged prosthesis and there is a need to revise the patella. The prophylactic antibiotic was not used in this case. Dr. Gitelis testified that the development of infection is a known complication of total knee replacement.

Dr. Glen Landon testified that he is a board-certified orthopedic surgeon at Rush-Presbyterian-St. Luke’s Hospital and he treated the plaintiff after her treatment at St. Mary’s Hospital. Dr. Landon testified that the hinge prosthesis used on the plaintiff was identified with numerous risks and problems. It is disfavored due to mechanical problems, and this type of prosthesis is only used in exceptional cases where a patient has tumors or a large amount of bone removed. The prosthesis has been replaced by codylar types which utilize the patient’s own ligaments to stabilize the knee. Dr. Landon testified that, based on a reasonable degree of medical certainty, in his opinion, St. Mary’s Hospital deviated from acceptable standards of hospital practice while plaintiff was being treated in its facility. Moreover, when the family of the plaintiff went to the hospital administration requesting an investigation of plaintiff’s knee replacement, the hospital incorrectly reassured the family that everything was fine. He stated that the plaintiff had developed a bad infection in her knee and she did not receive proper antibiotic treatment or proper treatment in general. He further stated that Dr. Pelicore deviated from the standard of care by his failure to conduct a thorough investigation of plaintiff’s care. Moreover, Dr. Pelicore should have reviewed the plaintiff’s chart, X rays, and her culture reports. Dr. Landon acknowledged that the type of prosthesis device used was a decision made solely by Dr. Sirajullah. Also, the decisions regarding the antibiotic management and post-operative management of the plaintiff were judgment calls made by Dr. Sirajullah. Dr. Landon stated that every surgeon who operates can have complications such as post-operative infection.

Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
571 N.E.2d 840, 212 Ill. App. 3d 779, 156 Ill. Dec. 860, 1991 Ill. App. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zajac-v-st-mary-of-nazareth-hospital-center-illappct-1991.