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Bryant v. Lagrange Memorial Hospital12/17/2003
h D of the instruction because plaintiffs failed to present any expert testimony or other evidence to support the allegations in this subparagraph. We agree with the Hospital.
Each party is entitled to have the jury clearly and fairly instructed upon each theory that is supported by the evidence. Ellig v. Delnor Community Hospital, 237 Ill. App. 3d 396, 405, 603 N.E.2d 1203 (1992). In order to justify giving an instruction, some evidence in the record must support the theory set out in the instruction. Khatib v. McDonald, 87 Ill. App. 3d 1087, 1095, 410 N.E.2d 266 (1980). It is within the trial court's discretion to determine what issues are raised by the evidence and whether an instruction should be given. Diaz v. Kelley, 275 Ill. App. 3d 1058, 1070, 657 N.E.2d 657 (1995). The test for determining the propriety of tendered instructions is whether the jury was fairly, fully, and comprehensively informed as to the relevant principles considering the instructions in their entirety. Leonardi v. Loyola University of Chicago , 168 Ill. 2d 83, 100, 658 N.E.2d 450 (1995).
In this case, the plaintiffs did not present any evidence supporting the allegation in subparagraph D of the instruction that the Hospital "failed to complete preparations for a cesarean section delivery in a timely manner." Specifically, there was no expert testimony or other evidence presented showing that the nurses violated the applicable standard of care in completing preparations for the C-section or that any institutional conduct on the part of the Hospital delayed commencement of the C-section.
Here, whether Dr. Kim ordered the C-section at 4:30 a.m. as he initially testified at his deposition or between 4:50 a.m. and 5 a.m., as he testified at trial, there was never any evidence presented that the C-section medical team was untimely assembled. At trial, Dr. Kim testified that he ordered the C-section between 4:50 a.m. and 5 a.m., and the presented evidence revealed that the incision which began the C-section was made at 5:23 a.m.
Plaintiffs argue that Dr. Kim's deposition testimony regarding the time periods he ordered the C-section and began the incision, along with the anesthesiologist's testimony that from his home he could typically get to the Hospital in 10 minutes, all lead to the implication that the nurses did not call the anesthesiologist in a timely manner. There is no evidence to support the plaintiffs' argument.
For example, uncontroverted evidence was presented that the nurses called an anesthesiologist as soon as Dr. Kim ordered the C-section and that this complied with the applicable standard of care. Uncontroverted evidence was also presented that the nurses prepared Yvette Bryant for surgery within five minutes of the time the C-section was ordered.
The evidence showed that the first anesthesiologist the nurses contacted was unavailable and that a call was then made to the back-up anesthesiologist, Dr. Oswaldo Lastres, who lived near the Hospital and could typically be at the Hospital within 10 minutes of receiving a call. Dr. Lastres testified that even though he typically could get to the Hospital in 10 minutes, he had no recollection of the precise amount of time it took him to arrive at the Hospital in the present case. Dr. Lastres further testified that once he arrived at the Hospital he would have to prepare Yvette Bryant for general anesthesia.
In the present case, not one witness, expert or otherwise, offered any opinion testimony criticizing the nurses or the Hospital for anything it did after Dr. Kim ordered the C-section, regardless of the timing of that order. Moreover, no evidence was presented attributing any alleged delay in co
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