Hemminger v. LeMay
11 N.E.3d 825
Ill. App. Ct.2014Background
- Hemminger sues Dr. LeMay and Sterling Rock Falls Clinic for medical malpractice over Tina’s death from cervical cancer.
- Tina saw LeMay on June 23, 2000; no biopsy/colposcopy was performed at that visit.
- Tina’s cancer was diagnosed six months later (December 2000) as Stage 3B, with a 32% five-year survival.”
- Tina died from metastatic cervical cancer on April 7, 2002.
- Hemminger proceeds under a “lost chance” theory of proximately caused harm; trial court granted directed verdict for defendants.
- Appellate court reversed, holding Pfister’s testimony could establish proximate causation and survive directed verdict; remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pfister’s causation opinion supports proximate causation | Hemminger presented evidence tying earlier diagnosis to increased survival | Pfister’s testimony insufficient to connect general statistics to Tina’s case | Yes; Pfister’s testimony supports causation against directed verdict |
| Whether the lost chance standard was satisfied | Loss of a chance to survive is enough to sustain causation | Plaintiff must prove a greater likelihood of survival absent negligence | Yes; Holton/Perkey framework satisfied by testimony showing decreased survival chances |
| Whether Perkey governs proximate causation after Holton | Perkey proper interpretation of Holton standard remains valid | Perkey misstates Holton标准 and should not govern | Perkey compatible with Holton; standard applied to sustain triable issue |
| Whether expert qualifications affect sufficiency of causation evidence | Weight of Pfister’s qualifications goes to weight, not sufficiency | Dr. Pfister’s expertise insufficient for oncologic causation | Qualifications affect weight, not legal sufficiency; evidence still supports causation |
Key Cases Cited
- Holton v. Memorial Hospital, 176 Ill. 2d 95 (Ill. 1997) (lost-chance causation standard; medical certainty suffices)
- Borowski v. Von Solbrig, 60 Ill. 2d 418 (Ill. 1975) (causation not require >50% probability)
- Perkey v. Portes‑Jarol, 2013 IL App (2d) 120470 (Ill. 2d App. 2013) (prima facie causation shown by expert testimony supporting lost chance)
- Davis v. Kraff, 405 Ill. App. 3d 20 (Ill. App. 2010) (evidence-based review of directed verdict standards)
- Ayala v. Murad, 367 Ill. App. 3d 591 (Ill. App. 2006) (trial court error on in limine excluding causal course treatment evidence)