Holton v. Memorial Hospital

In Holton v. Memorial Hospital, 176 Ill. 2d 95, 679 N.E.2d 1202, 223 Ill. Dec. 429 (1997), the plaintiff became paralyzed as a result of the defendants' failure to timely diagnose and treat pressure on her spinal cord caused by a fractured vertebra. After the jury returned a verdict in the plaintiff's favor, the defendants contended they were entitled to judgment n.o.v. because the plaintiff failed to present expert testimony that an earlier call to her physicians about her progressive weakness would have prevented her paralysis. Rejecting the defendants contention, the supreme court held the plaintiff was not required to prove an earlier call to her doctors would have resulted in a more favorable outcome. Holton, 176 Ill. 2d at 107-08. The plaintiff's experts testified that when a patient's partial paralysis is detected and treated early enough there is a good probability of avoiding or minimizing paralysis, and that, to a reasonable degree of medical certainty, the preferred treatment for relieving pressure on the spinal cord caused by an abscess or edema is decompression or drainage. The supreme court held that "had the doctors been given the opportunity to properly diagnose the plaintiff's condition based on accurate and complete information, they would have had the opportunity to treat her condition by ordering the appropriate treatment." Holton, 176 Ill. 2d at 108. Because of the hospital's negligent failure to accurately and timely report the plaintiff's symptomology, the appropriate treatment was not even considered. Holton, 176 Ill. 2d at 108.