Butkiewicz v. Loyola U. Medical Center, No. 1-98-2899
1st District, February 7, 2000
FIRST DIVISION
| RONALD R. BUTKIEWICZ, Special Adm'r of the Estate of Robert Butkiewicz, Deceased, Plaintiff-Appellant, LOYOLA UNIVERSITY MEDICAL CENTER, a not-for-profit Illinois Corporation, DR. JAMES STANKIEWICZ, M.D., LITTLE COMPANY OF MARY HOSPITAL AND HEALTHCARE CENTER, an Illinois not-for-profit corporation, RADIOLOGY IMAGING SPECIALISTS, LTD., an Illinois corporation, DR., IRVING FULD, M.D., DR. SHEILAH M. O'CONNOR, M.D., DR. ROY RAMSEY, M.D., DR. SHIVAJI BASU, M.D., DR. JOHN G. KELSEY, M.D., EVANGELICAL HOSPITALS CORPORATION, an Illinois not-for-profit corporation d/b/a EHS CHRIST HOSPITAL AND MEDICAL CENTER, and DR. WILLIAM RAMANAUSKAS, M.D., Defendants-Appellees. | Appeal from the Circuit Court of Cook County Honorable Michael J. Hogan, Judge Presiding. |
JUSTICE GALLAGHER delivered the opinion of the court:
Plaintiff Ronald R. Butkiewicz (plaintiff), as special administrator of the estate of Robert Butkiewicz (Mr. Butkiewicz), deceased, filed a wrongful death and survival action alleging medical malpractice against EHS Christ Hospital and Medical Center (Christ Hospital) and Dr. William Ramanauskas for failure to diagnose Mr. Butkiewicz' lung cancer. Finding that plaintiff failed to prove the reliance element of apparent agency, the trial court granted summary judgment to Christ Hospital. Plaintiff appeals pursuant to Supreme Court Rule 304(a) (134 Ill. 2d 304(a)) and argues that the trial court erred in granting Christ Hospital's motion for summary judgment because there was sufficient evidence to present a genuine issue of material fact regarding the apparent agency relationship between Christ Hospital and hospital staff radiologist Dr. Ramanauskas. We affirm.
After open heart surgery in 1979, Mr. Butkiewicz started seeing his cardiologist, Dr. Shivarji Basu, as his regular internist. Mr. Butkiewicz saw Dr. Basu once a month for his heart condition and on an as-needed basis for any other ailments. Mr. Butkiewicz liked and respected Dr. Basu. Mr. Butkiewicz' family testified that he held Dr. Basu in such high regard that he would follow Dr. Basu's recommendations religiously. Over the years, on Dr. Basu's recommendation and based on where Dr. Basu had staff privileges, Mr. Butkiewicz had obtained medical care and X rays at Mercy Hospital, Little Company of Mary Hospital, Loyola Hospital, South Suburban Hospital, and Christ Hospital.
In 1991, Mr. Butkiewicz started to suffer from chest pains and coughing fits, and, on occasion, he coughed up blood. On July 17, 1992, Mr. Butkiewicz began experiencing severe stomach and chest pains. He called Dr. Basu, who ordered him to go to the emergency room at Christ Hospital, where Dr. Basu was on staff. Mr. Butkiewicz was admitted to the coronary care unit at Christ Hospital on July 18, 1992, under Dr. Basu's care. Dr. Basu ordered an X ray of Mr. Butkiewicz' chest on July 21, 1992. Hospital staff radiologist Dr. Ramanauskas, who was employed by Oak Lawn Radiologists, interpreted the X rays. He wrote up a report stating that no infiltrates were noted in Mr. Butkiewicz' lungs and sent the report to Dr. Basu. Dr. Basu reported the results to Mr. Butkiewicz and his family as being "fine."
Mr. Butkiewicz' pain and coughing symptoms continued and he was finally diagnosed with lung cancer in November 1994 by Dr. Bugno of Little Company of Mary Hospital. Dr. Bugno noted that the mass had been present for 2