{
  "id": 2966798,
  "name": "Fannie Mills, Appellee, v. Clifford W. Warner, Executor, Appellant",
  "name_abbreviation": "Mills v. Warner",
  "decision_date": "1916-04-21",
  "docket_number": "",
  "first_page": "258",
  "last_page": "260",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 258"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fannie Mills, Appellee, v. Clifford W. Warner, Executor, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Graves\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Graves"
      }
    ],
    "attorneys": [
      "Mack & Mack and Hartzell & Cavahagh, for appellant.",
      "Scofield & Califf, for appellee."
    ],
    "corrections": "",
    "head_matter": "Fannie Mills, Appellee, v. Clifford W. Warner, Executor, Appellant.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Hancock county; the Hon. Habby M. Waggoner, Judge, presiding. Heard in this court at the October term, 1915.\nReversed with finding of fact.\nOpinion filed April 21, 1916.\nStatement of the Case.\nAction by Fannie Mills, plaintiff, against Clifford W. Warner, executor of the last will and testament of Jacob Gahm, defendant, for injuries alleged to have resulted from the malpractice by the defendant\u2019s testator. From a judgment for plaintiff, defendant appeals.\nThe plaintiff alleged that the malpractice occurred while the defendant\u2019s testator was delivering her of a child, and consisted in puncturing her bladder with his instruments\nThe evidence introduced on the part of plaintiff to show what Dr. Gahm did at the time of the birth of the child and what the result was upon the plaintiff was given by Mrs. Sarah Kinkaid, the mother of plaintiff. Her testimony showed that instruments were used; that plaintiff was not given chloroform or other anaesthetics; that after the child had been born the witness in the presence and hearing of plaintiff said to the doctor as he was about to depart: \u201cThere is something more you have got to do, you tore her literally all to pieces \u2019 \u2019; that he said, \u2018 \u2018 she will be all right, \u2019 \u2019 to which Mrs. Kinkaid replied \u201cshe never will,\u201d and that plaintiff then said \u201cI believe I\u2019m flowing to death\u201d; that this conversation related by Mrs. Kinkaid took place in the .presence of plaintiff, who, as the witness expressed it, \u201cwas right there on the bed, she heard every bit\u201d; that within a few days after the birth of the child, plaintiff and her mother became convinced that plaintiff\u2019s bladder was ruptured, and Mrs. Kinkaid suggested an experiment to, determine whether their surmises were correct; that Dr. Gahm, at Mrs. Kinkaid\u2019s suggestion, injected water into the bladder, and it leaked out through the ruptured place and was caught in a receptacle held by Mrs. Kinkaid; that plaintiff knew why the experiment was made; that she knew what the test was and what the result of it was.\nThe only testimony that was claimed showed any attempt on the part of the doctor at fraudulent concealment was in regard to two circumstances. One occurred the third day after the child was born. Mrs. Kinkaid had told the doctor that there was something wrong with plaintiff\u2019s bladder, and he without making any examination expressed the opinion that the neck of the bladder was paralyzed and prescribed some medicine for it. There was nothing in this record to show that the doctor then knew or had reason to believe the bladder was ruptured, or that he attempted to hide any fact from plaintiff. The other circumstance was on the train some three months after the child was born, when Mrs. Kinkaid says the doctor offered her ten dollars not to say any more to plaintiff about her bladder being torn. The testimony regarding that incident as related by Mrs. Kinkaid showed that the doctor believed that plaintiff was being made worse by having her condition discussed with her and in her presence by the witness and some women whom the doctor called \u201cOld handkerchief heads,\u201d and said if it was not stopped she never would get any better, and that he would not treat her any more if such conversation was not stopped. Mrs. Kinkaid said: \u201cIf you think that I am making her worse by telling her that, I won\u2019t say anything more to her about it,\u201d\nAbstract of the Decision.\n1. Limitation of actions, \u00a7 46 \u2014when action for malpractice must he brought. An action for malpractice based on the fraudulent concealment of the patient\u2019s condition by the physician must be brought within five years after the patient discovered from any source that she had a right of action.\n2. Limitation of actions, \u00a7 46*\u2014when evidence insufficient to show fraudulent concealment of patient\u2019s condition. In an action for malpractice, based on the fraudulent concealment of the patient\u2019s condition by the physician, evidence held to show that the patient at the time the operation' was performed knew as much as did the physician about her condition, resulting from the operation alleged to have constituted malpractice and that the physician had made no attempt at concealment.\nMack & Mack and Hartzell & Cavahagh, for appellant.\nScofield & Califf, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0258-01",
  "first_page_order": 300,
  "last_page_order": 302
}