Anguiano v. St. James Hospital
| Decision Date | 01 August 1977 |
| Docket Number | No. 76-1261,76-1261 |
| Parties | , 9 Ill.Dec. 419 Gabriel ANGUIANO and Gloria Anguiano, his wife, Plaintiffs-Appellants, v. ST. JAMES HOSPITAL, a corporation, Peter J. Iagmin, Donald J. Bauer and Herbert Doroshaw, Defendants, St. James Hospital, a corporation, Donald J. Bauer and Herbert Doroshaw, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Klohr, Braun, Lynch & Smith, Chicago (John J. Treacy, Chicago, of counsel), for plaintiffs-appellants.
Baker & McKenzie, Chicago (Francis D. Morrissey, Thomas R. Nelson and Charles B. Lewis, Chicago, of counsel), for defendant-appellee St. James Hospital.
McKenna, Storer, Rowe, White & Farrug, Chicago (John F. White, Robert S. Soderstrom and Mairen K. Christenson, Chicago, of counsel), for defendants-appellees Donald J. Bauer and Herbert Doroshaw.
Plaintiffs, Gabriel Anguiano and Gloria Anguiano, his wife, sued defendants, St. James Hospital, a corporation, Peter J. Iagmin, Donald J. Bauer and Herbert Doroshaw, alleging that defendants' malpractice was the cause of plaintiffs' injuries. The trial court granted defendants' motions for summary judgment based on the two-year statute of limitations (Ill.Rev.Stat.1971, ch. 83, par. 15). Plaintiffs appeal, raising two issues: (1) whether an action for damages for alleged malpractice accrues and the statute of limitations begins to run at the time plaintiff learns that he has a condition of ill-being or at the time plaintiff learns that the condition was caused by negligence in the treatment of a prior trauma, and (2) whether summary judgment should have been denied because genuine issues of material fact were raised by defendants' assertion of the defense of the statute of limitations.
Gabriel Anguiano's pelvic area was crushed in an industrial accident on October 13, 1967. He was admitted to defendant hospital that day and was treated there by defendant doctors. (Defendant Iagmin is not a party to this appeal.) Plaintiff was catheterized in the emergency room of the hospital. Later the catheter dislodged and was replaced by an orderly. Plaintiff was discharged on November 19, 1967, but ten days later he complained to his doctor of his inability to urinate. He was hospitalized several times over the next four years to be treated for a recurring stricture of his urethra.
In 1968, plaintiff retained his present attorneys to represent him in a workmen's compensation proceeding. His attorneys were aware that he had a urinary problem in May, 1968. They had him examined by Dr. Barnett, who practiced in orthopedics and industrial medicine. In June, 1968, Dr. Barnett advised the attorneys that the urinary problem should be evaluated by a competent urologist. On June 2, 1970, one of the attorneys again referred to plaintiff's urinary problem when he requested that Dr. Barnett examine plaintiff. The attorney told Dr. Barnett that another doctor's opinion on the urinary problem would be sought.
On June 26, 1970, Dr. Barnett advised plaintiff's attorneys to have the urinary problem evaluated by a competent urologist. In March, 1972, a urologist reported to plaintiff's attorneys that during the original hospital treatment plaintiff should have received surgical care for the urinary problem but did not get that kind of treatment.
On July 7, 1972, plaintiffs filed suit alleging malpractice on the part of all of the defendants. After the filing of a second amended complaint and after discovery was had, defendants' motions for summary judgment based on the...
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