APPEAL from the Circuit Court of Cook County; the Hon. DAVID
A. CANEL, Judge, presiding.
MR. JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:
Rehearing denied May 29, 1979.
This is an appeal from an order of the circuit court of Cook County granting summary judgment in favor of the defendant, Ralph Nauton, M.D. The action was instituted by the plaintiff, Rachel W. Stevenson, for damages occasioned by the alleged negligence of the defendant in failing to diagnose and treat a suspected case of temporal arteritis. The defendant's motion for summary judgment was granted by the trial court on the basis of the plaintiff's failure to make out a prima facie case as to the acceptable standard of care against which the defendant physician was to be measured. We affirm.
It appears that the plaintiff first came under the care of Dr. Nauton, an ear, nose and throat specialist, on July 23, 1973, at which time she complained to Dr. Nauton of an almost unbearable swelling in her jaws and temples accompanied by an inability to swallow. On August 9, 1973, she complained to Dr. Nauton of double vision. She remained under the care of Dr. Nauton until August 14, 1973, at which time she went to another physician for treatment.
On July 30, 1975, the plaintiff filed a complaint alleging that the defendant was guilty of one or more of the following negligent acts and omissions:
(a) failing to take a proper history from the plaintiff;
(b) failing to administer to the plaintiff the appropriate and necessary tests to determine her malady;
(c) failing to administer a Sed. Rate blood test when the symptoms described by the plaintiff would normally call for such a test;
(d) ignoring the plaintiff when she called on August 9, 1973, advising the defendant that she was suffering from double vision.
The plaintiff contends that as a direct and proximate result of these allegedly negligent acts and omissions of the defendant she lost vision in her left eye and remains sick and disabled.
On written answers to interrogatories filed on September 3, 1976, the plaintiff listed nine physicians who had knowledge of her condition and treatment. On April 1, 1977, in an amendment to the interrogatory she listed one medical text upon which she intended to rely at the trial. The only indication in the record that a medical expert might be called at the trial to sustain the plaintiff's allegations is the fact that the defendant took the deposition of a Dr. Peter Atchoo on August 24, 1977.
During the discovery deposition Dr. Atchoo, an eye specialist with offices in Pontiac, Michigan, testified that he had never seen an actual case of temporal arteritis but had treated patients suspected to have this condition. He suggested what he might have done had he been consulted by the plaintiff under the same circumstances presented to Dr. Nauton. He further stated that he could not form a definite opinion as to whether Dr. Nauton's treatment of the plaintiff was below acceptable medical standards.
The defendant then moved for summary judgment on September 6, 1977, upon the testimony of plaintiff's selected expert witness. The defendant's motion was granted on October 7, 1977, and the plaintiff's petition for a rehearing was denied.
1 On appeal in this court the plaintiff argues that the trial court erred in granting summary judgment in favor of the defendant as there were genuine issues of material fact in the affidavits, pleadings and depositions on file in the cause. We recognize that where the pleadings, depositions and admissions on file, together with any affidavits and exhibits show that there is no genuine issue as to any material fact a motion for summary judgment is proper. Ill. Rev. Stat. 1975, ch. 110, par. 57; Kwak v. St. Anthony De Padua Hospital (1977), 54 Ill. App.3d 719, 369 ...