HPS Attorneys Secure Defense Verdict for Hospital Client

HPS Attorneys Secure Defense Verdict for Hospital Client

December 19, 2023

HPS attorneys David Hall, Matthew Ennis and Madeline Engledow obtained a defense verdict in a recent Cook County trial for a western suburban hospital. Co-defendants included a bariatric surgeon and a hospitalist, both of whom were alleged apparent agents of the hospital. This wrongful death case involved the death of a 37-year-old single mother who died from complications of a post-operative bleed. She was survived by a 5-year-old son.

At trial, Hall and Ennis defended the medical care rendered by their alleged agent physicians, as well as the agency allegations specifically. The agency defense focused on the surgeon’s pre-existing physician/patient relationship with the decedent, as well as the consent form which arguably applied to both defendant physicians. The focus of the defense’s arguments was that a reasonable jury could not ascertain the decedent’s state of mind regarding any understanding of the physicians’ perceived employment status without speculating, which is prohibited by law.

The plaintiff asked for $22.5 million from the jury and they entered a not-liable defense verdict for the hospital. Unfortunately, they found both co-defendant doctors liable for a verdict of $19.2 million.

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 Marilee Clausing. This post constitutes a form of attorney advertising as defined by some state bar associations.