Hammer v. Barth — Jan. 2016 (Summary)

VICARIOUS LIABILITY

Hammer v. Barth
No. 1-14-3066 (Ill. App. Ct. Jan. 25, 2016)

An Illinois appellate court ruled that a patient’s wrongful death claim against a hospital based on a theory of “apparent authority” could proceed. In the case, a wife filed a wrongful death complaint on behalf of her husband, alleging that the hospital where he received treatment was vicariously liable for the treating physician’s negligence. The court noted that the treating physician wore a name tag that identified her as a hospital employee and a lab coat with the hospital’s name. Also, while the consent form signed by the patient stated that some of the physicians were not employees of the hospital but were instead independent contractors, the form did not state that the treating physician was not an employee. Further, the court considered the manner in which the hospital’s website discussed its “team” of doctors. Based on these factors, the appellate court ruled that the patient’s claim could continue.