Longnecker v. Loyola Univ. Med. Ctr.

NEGLIGENCE – HOSPITAL AND PHYSICIAN

Longnecker v. Loyola Univ. Med. Ctr., No. 1-06-1536 (Ill. App. Ct. June 25, 2008)

A jury found that a heart surgeon who harvested a heart that was alleged to be hypertrophic, and thus inappropriate for transplant, was not negligent. However, the jury then found that the hospital at which the transplant occurred was liable for "institutional negligence." The trial court found that these verdicts were irreconcilable and issued a JNOV. The Appellate Court of Illinois reversed the trial court’s JNOV. The appellate court reasoned that such an outcome was not necessarily inconsistent because a hospital can be liable for institutional negligence irrespective of the physician’s negligence. The appellate court then ordered a new trial on the issue of the hospital’s negligence.