Find Court Cases > Go Back to List > McDaniel v. Ong

McDaniel v. Ong

Case Date: 12/30/1999
Court: 1st District Appellate
Docket No: 1-98-3437

McDaniel v. Ong, No. 1-98-3437

1st District, December 30, 1999

FIFTH DIVISION

DAVID AND DEBRA McDANIEL, as Guardians of Pamela McDaniel, a Disabled Person,

Plaintiffs-Appellants,

v.

ANITA ONG,

Defendant-Appellee

(California Gardens Nursing Center, DH1, Inc., and CD1, Inc.,

Defendants).

 Appeal from the Circuit Court of Cook County.

Honorable Michael J. Hogan, Judge Presiding.

JUSTICE GREIMAN delivered the opinion of the court:

Plaintiffs David and Debra McDaniel, as guardians of Pamela McDaniel, a disabled person, brought suit against defendant Dr. Anita Ong for negligence in failing to diagnose Pam's pregnancy while she resided in a nursing home. The circuit court granted Ong's motion for summary judgment because it found insufficient evidence to demonstrate damages as a result of Ong's alleged negligence. David and Debra now appeal, arguing that questions of fact precluded summary judgment.

For the reasons that follow, we affirm.

In November 1995, David and Debra filed a third amended complaint against California Gardens Nursing Center (California Gardens), DH1, Inc. (DH1), CD1, Inc. (CD1),(1) and Ong. The complaint alleged that Pam was born in 1961 with severe developmental disabilities including blindness, mental retardation, and cerebral palsy. Pam required total assistance with all activities of daily living, and she was admitted to California Gardens, a long-term care facility, in 1979. David and Debra were appointed as her successor guardians on October 7, 1994.

The complaint further alleged that, in April 1994, David and Debra were notified by Mount Sinai Hospital that Pam had been admitted and she was at least four months pregnant. On more than one occasion since that time, Pam required emergency visits to the hospital due to her condition and need for prenatal health care. In August 1994, Pam delivered a baby girl.

In counts I and II of the complaint, David and Debra alleged that California Gardens, DH1, and CD1 committed various statutory and regulatory violations, as well as various acts of negligence related to the pregnancy. These counts are not before this court.

In count III, David and Debra alleged that Ong, the physician in charge of Pam's medical care at California Gardens, was negligent in her treatment in one or more of the following ways:

"(a) Failed to see and examine PAM as often as necessary by her condition to assure adequate health care including her gynecological status;
(b) Failed to review PAM's total program of care, progress and problems in maintaining or improving her physical status including review of her menstruation patterns;
(c) Failed to see and examine PAM as often as required by her condition to assure care to maintain or improve her level of functioning;
(d) Failed to examine and visit PAM as necessary to assure adequate health care, including PAM's gynecological health, contrary to [77 Ill. Adm. Code