Appeals panel: Hospital not liable for alleged negligence of doctors who worked as independent contractors

Appeals Panel: Hospital not liable for alleged negligence of doctors who worked as independent contractors

July 25, 2023
By Hugh Griffin

Trial counsel Michele Anderson and Matthew Ennis obtained a partial summary judgment order entered by Cook County Circuit Court Judge Rena Van Tine on plaintiff’s claim that under the doctrine of apparent agency, defendant Hospital was liable for the alleged negligence of two non-employed physicians on its medical staff. Judge Van Tine granted the Hospital’s motion for partial summary judgment on the ground that the consent form signed by plaintiff clearly and unambiguously advised him that the doctors were independent contractors and not agents or employees of the Hospital. Plaintiff appealed.

Hugh Griffin, co-chair of HPS’s Appellate Practice, successfully argued that the language within the consent form controlled, and the First District Appellate Court affirmed the partial summary judgment order entered by Judge Van Tine. Hugh noted that interesting aspect of the case was that there was evidence that one of the physicians who treated plaintiff, and whose conduct was not at issue, may have been a hospital employee. The Appellate Court held that this evidence did not change the fact that the two physicians whose care was at issue were not hospital employees and that the consent form clearly advised plaintiff of that fact.  

Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Hugh Griffin. This post constitutes a form of attorney advertising as defined by some state bar associations.