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Hirn v. Edgewater Hospital

OPINION FILED JULY 21, 1980.

ILONA HIRN, PLAINTIFF-APPELLANT,

v.

EDGEWATER HOSPITAL ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM F. PATTERSON, Judge, presiding.

MR. JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:

The plaintiff, Ilona Hirn, filed a medical malpractice action against Edgewater Hospital (hereinafter hospital) and Dr. Forough Parsa for injuries incurred as the result of a renal arteriography *fn1 performed by Dr. Parsa at defendant hospital. After the jury returned verdicts for both defendants and the trial court denied her post-trial motions for a judgment notwithstanding the verdict and a new trial, the plaintiff filed the present appeal. The following errors are urged on appeal: (1) the trial court erred in failing to direct a verdict for the plaintiff against the hospital; (2) the trial court erred in failing to direct a verdict for the plaintiff against Dr. Parsa; (3) the scope of expert testimony permitted in medical malpractice cases deprived the plaintiff of her right to a trial by jury; (4) numerous evidentiary errors required a new trial of this cause; and (5) conduct of Dr. Parsa's counsel was so prejudicial that it denied plaintiff a fair trial.

We affirm.

While the plaintiff's complaint, filed February 19, 1974, alleges a number of negligent acts or omissions against each defendant, the ultimate issues in the trial are best gleaned from the issue instruction submitted to the jury. There it is alleged that the hospital was negligent in that:

"One of the Hospital nurses only applied pressure at the puncture site for two minutes instead of the five minutes required by accepted practice.

Acting through its staff, the Hospital failed to check for ankle pulses, foot color and circulation to the foot."

Dr. Parsa was negligent, it was alleged, in that:

"She failed to place written follow-up orders in the chart to direct the nursing staff. She failed to personally perform an adequate follow-up of the Plaintiff.

She failed to take adequate steps to relieve Plaintiff's condition, or secure the consultation of a physician competent to do so, after she was informed of Plaintiff's condition by Dr. Dimitrov.

She attempted to insert the needle before first making certain of the location of the femoral artery, thereby striking the femoral nerve with the needle.

She failed to perform a cutdown procedure or insert the catheter into the artery in the arm when she was unable to locate the femoral artery.

She failed to note in hte [sic] charts that the vein as well as the femoral artery had been punctured with the needle.

She failed to demonstrate skill in the manner in which she performed the arteriogram.

She failed to require or oversee the application of pressure at the puncture site for a longer period than the usual [sic] five minutes when she knew the Plaintiff had ...


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