Carol L. Purtill instituted this medical malpractice action against George Elfers, M.D., J. H. Hess, M.D., and Gibson Community Hospital for damages from alleged negligence in the care, diagnosis, and treatment during and following the birth of her child.
The circuit court of Champaign County granted summary judgment in favor of Elfers and Gibson Community Hospital on statute of limitations grounds and in favor of Hess for failure to affirmatively demonstrate the ability to offer competent expert testimony. The appellate court affirmed in an unpublished Rule 23 order. The Supreme Court granted leave to appeal. This appeal concerns only defendant Hess.
On July 3, 1979, plaintiff gave birth to a child at Gibson Community Hospital in Gibson City, where Dr. Elfers performed a midline episiotomy during delivery that allegedly lacerated the tissue between the rectum and vagina. Dr. Hess examined plaintiff on July 9, August 9, and August 19 of 1979, noting in his records that the episiotomy scar seemed to be healing satisfactorily.
Beginning approximately four months after delivery, plaintiff experienced passing of fecal matter and flatulence from her vaginal opening. Plaintiff consulted Dr. Hess multiple times between October 1979 and February 1981 for vaginal irritation and discharge, which he treated as a yeast infection. On February 12, 1981, after plaintiff reported the fecal symptoms, Dr. Hess diagnosed a rectovaginal fistula. Dr. Hess referred her to Dr. Lewis Trupin. Plaintiff underwent repair surgery in July 1981.
On February 14, 1983, plaintiff filed her complaint. Dr. Hess supported his September 8, 1983, motion for summary judgment with his own affidavit describing his examinations and treatment and stating that his care conformed to the standard of care in Rantoul. Plaintiff opposed the motion with a counteraffidavit from Dr. William D. Matviuw stating he was familiar with the minimal standards of acceptable medical care, diagnosis, and treatment for Carol L. Purtill’s condition of ill-being as it existed and that those minimal standards were uniform throughout the United States wherever patients similar to Carol L. Purtill were examined, cared for and treated for the condition of ill-being similar to that suffered by Carol L. Purtill.
The circuit court struck Dr. Matviuw’s counteraffidavit for failing to show familiarity with the standard in Rantoul or similar communities. The circuit court denied reconsideration. The circuit court granted summary judgment to Dr. Hess. The appellate court affirmed.
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