Petryshyn v. Slotky

              Filed 7/29/08 NO. 4-07-0754
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
KIMBERLY A. PETRYSHYN,
Plaintiff-Appellee,
v.
BARRY SLOTKY, M.D., Individually; and
BARRY SLOTKY, M.D., S.C.,
Defendants-Appellants,
and
OSF HEALTH CARE SYSTEM, d/b/a
ST. JOSEPH MEDICAL CENTER,
Defendant.
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Appeal from
Circuit Court of
McLean County
No. 04L73
Honorable
Charles G. Reynard,
Judge Presiding.
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JUSTICE STEIGMANN delivered the opinion of the court:
This case presents the question of whether a physician
may be qualified to testify as an expert regarding the standard
of care of a nurse who was a surgical team member. We hold that
the physician in this case was so qualified.
Plaintiff, Kimberly A. Petryshyn, sued defendants,
Barry Slotky, M.D., S.C., and OSF Health Care System, d/b/a St.
Joseph Medical Center, alleging medical malpractice, based on
complications she suffered after undergoing a March 1999
cesarean-section surgery (hereinafter the C-section). St. Joseph
Medical Center and Petryshyn later settled. Following a March
2007 trial, with Slotky as the sole defendant, a jury returned a
verdict in his favor.
In April 2007, Petryshyn filed a motion for judgment
notwithstanding the verdict or, alternatively, for a new trial,
arguing that the trial court erred by admitting into evidence her
expert physician's testimony--which she elicited in an evidence