Gore v. Provena Hosp. (Summary)

APPARENT AGENCY

Gore v. Provena Hosp., No. 3–13–0446 (Ill. App. Ct. Feb. 9, 2015)

The Third District Appellate Court of Illinois affirmed a lower court’s grant of summary judgment in favor of a hospital. The hospital was sued by the mother of a young patient, who claimed that her son had suffered serious and permanent injuries due to the negligent treatment provided by a physician.

A dispositive issue in the case centered on whether the physician was legally considered to be an agent of the hospital. The court explained that a hospital can be liable for the negligent acts of an independent contractor physician, but only if the hospital “holds out” the physician as an agent and if the patient does not know that the physician is an independent contractor. The hospital demonstrated that the patient’s mother had signed a consent form which specifically disclaimed any agency relationship between itself and the physician.

The patient’s mother acknowledged that she had signed the consent form but insisted that she was not aware that the physician was an independent contractor. She pointed out that the paramedics in the ambulance had insisted on taking her son to this particular hospital, even though she had requested they take him to a different facility that was somewhat further away. Consequently, the mother argued that the paramedics’ decision demonstrated that the hospital held itself out as a place that could care for her son. In addition, she claimed that they had already begun to treat her son before she ever signed the consent form.

The court disagreed, emphasizing that the terms of the consent form were clear and unambiguous. It also noted that the consent form stated that professional personnel were available to explain the terms of the contract upon request, and that the patient’s mother had never requested any assistance. Since the patient’s mother could not show that the hospital had held the physician out as an agent, the court affirmed the lower court’s decision to grant summary judgment in favor of the hospital.