Bailey v. Mercy Hosp. & Med. Ctr.
| Decision Date | 18 November 2021 |
| Docket Number | Docket No. 126748 |
| Citation | 2021 IL 126748,186 N.E.3d 366,452 Ill.Dec. 642 |
| Parties | Jill M. BAILEY, Appellee, v. MERCY HOSPITAL AND MEDICAL CENTER, et al. (Scott A. Heinrich, M.D., et al., Appellants). |
| Court | Illinois Supreme Court |
Michael T. Walsh, of Kitch Drutchas Wagner Valitutti & Sherbrook, of Chicago, for appellants.
Vivian Tarver-Varnado, of AMB Law Group, LLC, and Robert Allen Strelecky, both of Chicago, for appellee.
William F. Northrip, of Shook, Hardy & Bacon LLP, of Chicago, for amici curiae Illinois State Medical Society et al.
Keith A. Hebeisen, Sarah F. King, and Bradley M. Cosgrove, of Clifford Law Offices, P.C., of Chicago, for amicus curiae Illinois Trial Lawyers Association.
¶ 1 This appeal asks whether the circuit court abused its discretion and denied plaintiff a fair trial by refusing to issue a nonpattern jury instruction on the loss of chance doctrine and a pattern jury instruction on informed consent in the underlying wrongful death and medical malpractice action. The appellate court answered that question in the affirmative, reversed the circuit court's judgment in part, and remanded for a new trial against certain defendants. 2020 IL App (1st) 182702, 445 Ill.Dec. 272, 166 N.E.3d 301. For the reasons that follow, we reverse in part the appellate court's judgment. We affirm the circuit court's judgment in its entirety.
¶ 3 Plaintiff, Jill M. Bailey, the independent administrator of the estate of Jill M. Milton-Hampton, deceased, filed a medical malpractice action in the circuit court of Cook County against defendants Mercy Hospital and Medical Center (Mercy); Scott A. Heinrich, M.D.; Brett M. Jones, M.D.; Amit Arwindekar, M.D.; Helene Connolly, M.D.; Tara Anderson, RN; and Emergency Medicine Physicians of Chicago, LLC (EMP).
¶ 4 Plaintiff's action arose from Jill's death on March 18, 2012, two days after she sought treatment at Mercy's emergency department. The action raised claims for wrongful death and medical negligence. Ultimately, the matter proceeded to a jury trial.
¶ 5 At trial, the evidence demonstrated that Jill arrived at Mercy's emergency department at about 6:45 p.m. on March 16, 2012. Jill, who was 42 years old, was evaluated by a triage nurse and complained of abdominal pain, nausea, vomiting, and diarrhea. Jill reported that she had recently recovered from a flu-like illness
that caused a sore throat, chills, and fever, and she had been suffering from abdominal pain for four days. The triage nurse noted that Jill had tachycardia, or an elevated heart rate. Jill did not have a fever, and her respiratory rate was normal. A triage physician ordered a comprehensive metabolic panel (CMP) and a urinalysis.
¶ 6 Dr. Heinrich evaluated Jill in Mercy's main emergency department, where Jill continued to report nausea, vomiting, diarrhea, and abdominal pain. Jill did not have a fever, chest pain, or shortness of breath, but her heart rate was elevated at 124 beats per minute. The normal resting heart rate for a woman Jill's age was between 60 and 100. The results of Jill's CMP revealed that her glucose, liver function, and kidney function were all normal. Jill's levels of sodium and chloride
were low but consistent with a patient who was dehydrated.
¶ 7 Dr. Heinrich ordered a hemoglobin
and hematocrit test to determine whether Jill was anemic. The results showed that Jill's hemoglobin level was 7.5, which was low and outside the normal parameter of 12 to 15 mg/dl. One potential cause of Jill's low hemoglobin was chronic anemia caused by Jill's current menstruation and history of heavy periods. To treat Jill's dehydration, Dr. Heinrich ordered three bags of intravenous fluids and also ordered medicine for her nausea, epigastric discomfort, and pain. At about 3:30 a.m., Dr. Heinrich evaluated Jill and prepared a note to transfer her care to Dr. Jones.
¶ 8 In his note, Dr. Heinrich indicated that Jill continued to complain of nausea but also reported improvement in her symptoms. Dr. Heinrich suspected that Jill's low blood counts were likely caused by menstruation. Although Dr. Heinrich did not have a definitive diagnosis, he believed that Jill had viral gastroenteritis
, also referred to as stomach flu. Dr. Heinrich's conclusion was based on his physical examination of Jill, her symptoms, the results of her tests, and the fact that Jill reported improvement after receiving fluids. Dr. Heinrich did not suspect sepsis or toxic shock syndrome because Jill did not have a fever or rash, which were the typical signs of toxic shock syndrome.
¶ 9 After Jill was transferred to Dr. Jones's care, the doctors discussed Jill's history, her test results, and the "running diagnosis" of viral gastroenteritis
. Jill received a third bag of fluids while under Dr. Jones's care and he planned to observe her progress. Dr. Jones reviewed the results of Jill's urinalysis, which were negative for a urinary tract infection and showed no signs of dehydration. After Jill received the fluids, she stated that she felt better. Based on Jill's lab results and response to fluids, Dr. Jones believed that she had viral gastroenteritis.
¶ 10 At 6 a.m. on March 17, Dr. Jones evaluated Jill, and he recommended admission to the hospital for observation and further testing. Jill, however, declined admission.
Dr. Jones prepared a discharge note that provided:
Dr. Jones testified that, before Jill left the hospital, he discussed the risks of leaving the hospital, including his concern that Jill had gastroenteritis
and an elevated heart rate. Dr. Jones told Jill there were "multiple possibilities that [Jill's condition] could be[,] many of which are very, very serious." Dr. Jones told Jill he wanted her to return to the hospital if she experienced worsening symptoms.
¶ 11 Dr. Jones acknowledged that he was concerned with Jill's persistent elevated heart rate, which could indicate a pulmonary embolism
, gastrointestinal bleeding, or an infection. Dr. Jones did not order any additional testing while he cared for Jill. Dr. Jones did not tell Jill he was concerned about gastrointestinal bleeding or sepsis, and he could not recall if he ever told Jill that she may have a life-threatening condition before she was discharged from Mercy.
¶ 12 After Jill's discharge on March 17, 2012, Dr. Heinrich returned to the hospital. Dr. Heinrich reviewed Jill's chart and learned that she was discharged after she declined admission to the hospital. Dr. Heinrich called Jill and spoke with her ex-husband, who stated that Jill had not improved and planned to return to Mercy.
¶ 13 Dr. Heinrich then called Dr. Connolly, the triage physician in Mercy's emergency department, and told her that Jill was previously at Mercy with abdominal pain and was returning with symptoms of nausea, vomiting, and diarrhea. Dr. Heinrich advised Dr. Connolly that she should order a computed tomography
(CT) scan of Jill's abdomen.
¶ 14 Jill returned to Mercy's emergency department at 5:49 p.m. on March 17, 2012. When Dr. Connolly saw Jill's name appear in the computer system, she ordered an abdominal CT, a complete blood count
(CBC), and a CMP. Dr. Connolly did not personally evaluate Jill, participate in her triage, or review her records.
¶ 15 A triage nurse evaluated Jill and recorded that Jill complained of cough
, vomiting, diarrhea, shortness of breath, and chest pain. Jill's heart rate was elevated at 116, and her blood pressure was 90/53, which was low for diastolic blood pressure. Jill's respiratory rate was 20, and her skin was warm and dry. The triage nurse did not believe that Jill had an immediate cardiac need and thought Jill could remain in the waiting room until a hospital bed was available. The triage nurse did not contact Dr. Connolly with any concerns about Jill.
¶ 16 Approximately four hours later, at about 9:40 p.m., Jill was transferred to Mercy's main emergency department and evaluated by emergency room nurse Tara Anderson. Anderson's initial assessment note indicated that Jill was alert and oriented and had symptoms of vomiting and cramping. Jill's skin was warm and dry, and her respiratory pattern was normal. Jill did not complain of chest pain or shortness of breath.
¶ 17 Dr. Arwindekar and Marco Rodriguez, an emergency medicine resident, cared for Jill in the main emergency department. Jill continued to report symptoms of nausea, vomiting, and diarrhea. Jill had an elevated heart rate, her respiratory rate was normal, and she was alert and oriented.
¶ 18 Jill did not have a fever and did not report chest pain or shortness of breath to Dr. Arwindekar. Jill did not have blood in her urine or pain with urination, the typical symptoms of an infection. Jill also did not have any skin rashes. According to Dr. Arwindekar, Jill's white blood cell count was minimally elevated at 12.2, potentially caused by stress, infection, injury, or dehydration. The neutrophils in Jill's blood were not elevated, which suggested Jill did not have an acute infection. Jill's hemoglobin
level was 7.2, which was lower than her prior result and was consistent with chronic anemia.
¶ 19 Shortly after 10 p.m., Rodriguez ordered intravenous fluids, pain and nausea medication, and a chest X-ray
. When Rodriguez's shift ended at midnight, he reexamined Jill before transferring her care to Dr. Arwindekar. In his note, Rodriguez observed that Jill stated that her pain and nausea had improved and her condition was stable....
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