Private Bank Ex Rel. Reynolds v. Silver Cross Hosp. & Med. Ctrs., Michelle Alling, Midwest Respiratory, Ltd.
98 N.E.3d 381
| Ill. App. Ct. | 2017Background
- Raymond Reynolds suffered a tension pneumothorax after an early-morning intubation; an offsite radiologist read a portable chest x-ray and contacted the ICU in the pre-dawn hours. Reynolds arrested and sustained catastrophic anoxic brain injury; he survived but was severely disabled.
- Plaintiffs (Reynolds’s guardians and fiancée Amanda Lessner) sued multiple providers alleging Dr. Anthony Murino (the lone ER physician on duty) negligently delayed leaving the ER to treat the ICU emergency; EMS Strategies (his employer) was sued on respondeat superior and policy grounds.
- Timeline evidence was disputed: nurse Alling’s notes estimated the ER was paged around 3:55 a.m., but computer time stamps from the offsite radiology service and telephone logs showed events beginning at 3:57 a.m.; no witness established who in the ICU called the ER or who in the ER notified Dr. Murino and when.
- Plaintiffs’ emergency-medicine expert testified that if Murino was told earlier and did not go "immediately," he breached the standard of care and that earlier decompression likely would have prevented arrest; the expert conceded he could not say when Murino was actually notified.
- The trial court dismissed Lessner’s loss-of-consortium and loss-of-chance-to-marry claims pretrial. After plaintiffs rested, the court granted a directed verdict for Murino and EMS; the jury later returned a malpractice verdict against other defendants who settled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held | |
|---|---|---|---|---|
| Whether directed verdict was improper on claim Murino delayed leaving ER | Circumstantial evidence (nurse notes, triage system, short ER–ICU distance, EMS policy discouraging non–code departures) supported an inference Murino was told ~3:55 a.m. and unreasonably deferred until the 4:10 code blue | No evidence established when Murino was notified or who in ER received ICU call; expert could not fix notification time—jury verdict would be pure speculation | Affirmed: directed verdict proper because plaintiffs failed burden of production; inferences would be speculative given the record | |
| Whether trial court abused discretion by excluding evidence that EMS malpractice insurance didn’t cover non–code departures | Evidence was probative of Murino’s motive and credibility (he would be incentivized not to leave) | Insurance evidence is prejudicial and generally inadmissible; court allowed evidence of EMS policy but not insurance to avoid inflation/prejudice | Affirmed: exclusion not an abuse of discretion; court properly balanced probative value against prejudice | |
| Whether Illinois should recognize loss-of-consortium or loss-of-chance-to-marry for long-term unmarried partner | Lessner urged extension of law given 16-year relationship and imminent wedding date; requested good-faith change in law | Illinois precedent/statute bars recognition of common-law marriage–based claims; public-policy determination reserved to legislature | Affirmed dismissal: claims not recognized under Illinois law; court declines to create new cause of action | |
| Compliance with appellate briefing rules | Plaintiffs failed to supply complete table of contents, complicating review | Defendants relied on briefing deficiencies | Court criticized noncompliance and noted possible forfeiture but proceeded to decide merits | Not dispositive here but court admonished plaintiffs for rule violations |
Key Cases Cited
- Pedrick v. Peoria & Eastern R.R. Co., 37 Ill.2d 494 (directed verdict / burden of production standard and when verdicts may be directed)
- Maple v. Gustafson, 151 Ill.2d 445 (directed verdict / viewing evidence in light most favorable to nonmovant)
- Purtill v. Hess, 111 Ill.2d 229 (medical malpractice requires expert testimony on standard of care except in obvious cases)
- Sullivan v. Edward Hospital, 209 Ill.2d 100 (elements of medical malpractice and expert proof requirement)
- Blumenthal v. Brewer, 2016 IL 118781 (Illinois law re: invalidity of common-law marriage and limits on claims by unmarried cohabitants)