McCorry v. Evangelical Hospitals Corp.

McCorry v. Evangelical Hospitals Corp.,
No. 1-01-1227 (Ill. App. Ct. June 3, 2002)

A patient who became paralyzed following back surgery sued the hospital for
malpractice claiming that the surgeon was acting as the agent of the hospital
making the hospital liable for the surgeon’s negligence. The Appellate Court
of Illinois held that there was sufficient evidence for the patient to have
inferred that the surgeon was acting as an agent of the hospital for the case
to survive the hospital’s motion for summary judgment. The court cited such
factors as literature published by the hospital referring to the "highly
qualified physicians" who work at the hospital as "their physicians,"
that the surgeon’s neurosurgery corporation had an office on hospital grounds,
and that there was no indication in any of the consent forms that the patient
signed indicating that the surgeon was an independent contractor and was not
acting as the hospital’s agent. Based on these factors, the court found that
there was sufficient evidence that the hospital held itself out as the principal
for the physicians who provided health care as advertised by the hospital.