Wallace v. ALEXIAN BROS. MEDICAL CENTER

907 N.E.2d 490, 389 Ill. App. 3d 1081, 329 Ill. Dec. 899, 2009 Ill. App. LEXIS 239
CourtAppellate Court of Illinois
DecidedApril 24, 2009
Docket1-08-2852
StatusPublished
Cited by38 cases

This text of 907 N.E.2d 490 (Wallace v. ALEXIAN BROS. MEDICAL CENTER) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. ALEXIAN BROS. MEDICAL CENTER, 907 N.E.2d 490, 389 Ill. App. 3d 1081, 329 Ill. Dec. 899, 2009 Ill. App. LEXIS 239 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE FITZGERALD SMITH

delivered the opinion of the court:

Plaintiff-appellant Olivia Wallace, as independent administrator of the estate of Satoria Richardson, a minor, deceased (plaintiff), brought a complaint at law against, in part, defendant-appellee Alexian Brothers Medical Center (defendant) alleging medical negligence based on vicarious liability through the conduct of certain doctors. Upon a motion, the trial court granted partial summary judgment in favor of defendant, finding no such liability. Plaintiff appeals, contending that the court erred in its decision, as a jury may clearly find that the doctors involved were apparent agents of defendant. She asks that we reverse the court’s decision and remand the matter for further proceedings. For the following reasons, we affirm.

BACKGROUND

On December 31, 2003, 14-year-old Satoria was struck by a car. When plaintiff, her mother, arrived at the scene of the accident, police officers and an ambulance were present; Satoria was lying on the ground, moaning. As Satoria was being loaded into the ambulance, emergency personnel informed plaintiff that they were taking her to defendant hospital. Before going to defendant hospital, plaintiff went to pick up another of her children. When she arrived at defendant hospital, medical treatment had already begun on Satoria. Plaintiff and other family members were directed to a waiting room.

Soon thereafter, defendant’s personnel asked plaintiff to sign a consent form for Satoria entitled, “Consent for Treatment, Assignment and Release of Information for Payment.” This form contained nine paragraphs and dealt with topics including the patient’s consent for treatment, liability for valuables, precertification responsibilities, assignment of insurance benefits and Medicare. Further, the consent form stated, in relevant part:

“I understand that physicians who provide professional services to me such as my attending physician and consulting physicians, are not the employees or agents of Alexian Brothers Medical Center, but they are independent contractors who will be providing their specialized services on my behalf and as such will be my employees or agents. Alexian Brothers Medical Center is not responsible for the services these physicians provide. These physician’s and their employee’s services will be billed separately.
I acknowledge that I have read this consent form (or a large print version) and have had the opportunity to ask questions.” (Emphasis in original.)

Plaintiffs signature appears on the signature line of the form, and it is dated the same day as that upon which Satoria was treated.

The record reveals that plaintiff had made several recent trips to defendant hospital prior to December 31, 2003, and had signed the identical consent form containing the same language noted above. These dates included June 15, 1999, November 19, 2001, August 5, 2002, and November 19, 2003.

That evening, plaintiff was informed of Satoria’s death. Plaintiff told defendant’s staff that she wanted the ring on Satoria’s finger removed and returned to her. After plaintiff signed a consent form for the ring’s removal, this was done and plaintiff was allowed to see Satoria’s body.

Plaintiff filed a medical malpractice complaint alleging negligence against defendant, as well as Dr. Kenneth McKee, an emergency medical physician, and Dr. Stuart Verseman, a trauma surgeon, both of whom treated Satoria. In addition to her claims that Drs. McKee and Verseman did not properly perform medical procedures, plaintiff claimed that defendant was vicariously liable for these doctors’ actions. Defendant answered the complaint by denying all allegations of agency between it and Drs. McKee and Verseman. Likewise, Drs. McKee and Verseman also denied that they were actual or apparent agents of defendant, particularly since they were not paid by defendant and were not controlled by defendant when they provided care to patients.

During her deposition in this cause, defendant asked plaintiff whether the signature on the consent form was hers. Plaintiff answered in the affirmative.

Defendant moved for partial summary judgment, arguing that there was no genuine issue of material fact regarding an agency relationship between it and Drs. McKee and Verseman. In support of its motion, defendant attached Satoria’s consent form signed by plaintiff, plaintiff’s deposition testimony acknowledging that the signature is hers, and a copy of the four prior consent forms plaintiff signed which were identical to Satoria’s.

Plaintiff responded to defendant’s motion by providing an affidavit in which she averred that, although her signature appears on Satoria’s consent form informing her of the independent contractor status of the physicians at defendant hospital, she did not personally sign the document and had no knowledge of who placed her signature on it. Plaintiff also stated therein that none of the forms she signed were ever explained to her and she did not read them in their entirety. She averred that she remembered signing only a consent form for the removal of Satoria’s ring, that she was never given an opportunity to ask questions about the consent forms, and that she had no knowledge that the physicians at defendant hospital were independent contractors due to her “limited education” and her state of shock at the time Satoria was hurt. Finally, she mentioned in her affidavit that she “was relying on” defendant to provide emergency treatment to Satoria.

The trial court granted defendant’s motion for partial summary judgment. In its colloquy, the court first noted that while the consent form was not dispositive, it was “an important factor” in the outcome of the cause, particularly because it “explicitly states” that the doctors at defendant hospital are independent contractors. Next, the court found plaintiffs affidavit to be “internally contradictory,” in that she stated her signature is on Satoria’s consent form, but then stated she did not sign it. Based on this, the court reasoned that it could not “give effect to her affidavit, and in any event her affidavit may not be allowed to contradict her sworn deposition testimony.” Therefore, the court concluded that, “as a matter of law,” “the consent form was sufficient to inform [plaintiff] of the status of the doctors as independent contractors, and she signed it.” In addition, the court also found that plaintiff failed to provide any evidence regarding her alleged reliance that the doctors were defendant’s employees. It distinguished two cases cited by plaintiff for this point, namely, McNamee v. Sandore, 373 Ill. App. 3d 636 (2007), and Schroeder v. Northwest Community Hospital, 371 Ill. App. 3d 584 (2006), and further concluded that there was insufficient evidence here to prove the necessary reliance element. Accordingly, the court held that summary judgment in favor of defendant was appropriate.

ANALYSIS

Summary judgment is proper when the pleadings, affidavits, depositions and admissions of record, construed strictly against the moving party, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

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Cite This Page — Counsel Stack

Bluebook (online)
907 N.E.2d 490, 389 Ill. App. 3d 1081, 329 Ill. Dec. 899, 2009 Ill. App. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-alexian-bros-medical-center-illappct-2009.