Rodgers v. St. Mary's Hospital

597 N.E.2d 616 (1992)

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Nature of the Case

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Facts

P filed a medical malpractice action alleging the wrongful death of his wife, Brenda. Named as defendants in the medical malpractice action were Brenda's obstetricians, her radiologists, and the hospital. The circuit court entered summary judgment in favor of the hospital, and P did not appeal that summary judgment. P got the verdict against the obstetricians for $1.2 million. The radiologists were found not liable. P and the obstetricians agreed to settle the medical malpractice claim for $800,000. P filed a separate complaint against D alleging that D breached its statutory duty to preserve for five years all of the X rays taken of Brenda. The circuit court dismissed that complaint without prejudice. P amended his complaint and brought the present action against D on May 25, 1989, the day after he reached the $800,000 settlement with the obstetricians. D alleged that Brenda's death was caused by a sigmoid colonic volvulus and that the condition appeared on an X-ray that the hospital had a duty to preserve. P asserted that because D failed to preserve the X-ray, P was unable to prove his case against the radiologists. P sought $400,000 in damages from the hospital, the difference between the $1.2 million verdict and the $800,000 settlement. The trial court dismissed the amended complaint based on res judicata. P appealed. The appellate court reversed the judgment in that the amended complaint stated a statutory cause of action that was not barred by res judicata or waived by the post-judgment settlement with the obstetricians.