This is a medical malpractice case in which the trial court ruled that the defendant hospital is entitled to summary judgment because there is no evidence that the plaintiff’s damages were proximately caused by a hospital employee. Because the record contains evidence creating a genuine issue of material fact as to proximate cause, the trial court’s summary judgment ruling is erroneous and must be reversed. On July 1, 2002, 26-year-old Jessica Renz underwent a C-2 nerve block at Northside Hospital to treat migraine headaches. The procedure was performed by Dr. Bruce Hines and involved inserting a needle into Renz’s neck to the level of the second cervical vertebrae and injecting medication to the nerve root. After the procedure, Renz, who was crying and complaining of nausea and headache, was taken to a recovery room where she was monitored and cared for by Northside Nurse Heidi Taylor. After approximately an hour-and-a-half in the recovery room, Nurse Taylor discharged Renz, who was still complaining of headache.
About two hours after the discharge, Renz called Northside to complain that her headache was not getting better and that she was in a lot of pain. She spoke to Northside Nurse Anne Salisbury, who told Renz to give the procedure a chance to work, to go into a dark room and try to sleep, to fill her prescription for an anti-inflammatory medication and to call back if she experienced further problems. Nurse Salisbury does not know if she spoke to Dr. Hines or any other physician about Renz’s call. She deposed that it is her belief she would have spoken with Dr. Hines about the call, but she further deposed that she would not necessarily have discussed it with a doctor and that it is possible she advised Renz without consulting a physician. Dr. Hines testified at his deposition that he was not made aware of Renz’s telephone call and that Nurse Salisbury did not consult him about it.
