Bass v. Cook County Hospital
29 N.E.3d 1130
Ill. App. Ct.2015Background
- 11-year-old Donail Weems presented to Provident Hospital in respiratory failure and was intubated; transfer to a PICU at University of Chicago Hospital (UCH) was arranged on Sept. 3, 2006.
- UCH’s regional EMS System (UCH as resource hospital) authorized its Aeromedical Network (UCAN) to perform the interhospital critical-care transport; Dr. Nicholas Strane, a UCH resident and certified flight physician/ Emergency Communications Physician, was assigned to the transport by the acting EMS medical director.
- During transport and on arrival at UCH, Donail suffered cardiac arrest, sustained anoxic brain injury, and later died; plaintiff alleged negligent care by Dr. Strane during the transfer and sued UCH for vicarious liability.
- UCH moved for summary judgment invoking statutory immunity under section 3.150(a)/(b) of the Illinois Emergency Medical Services Systems Act for emergency medical services provided pursuant to an approved EMS System plan.
- The trial court denied the motion and certified the question whether a hospital is immune from vicarious liability under the Act for negligent care by its certified flight physician after arriving at the transferring hospital, assuming care, and transporting the patient.
- The appellate court answered the certified question in the affirmative and remanded, holding that the Act’s immunity covered Dr. Strane’s conduct and thus UCH was immune under respondeat superior.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hospital is immune from vicarious liability under the EMS Act for negligent care by its certified flight physician during an interhospital emergency transport | Bass: Act’s immunity applies only to personnel explicitly defined/licensed by the Act, not to ER physicians like Dr. Strane; section 3.155’s allocation of "medical responsibility" limits immunity | UCH: Section 3.150(a)/(b) grants immunity to any person "certified, licensed or authorized" under the Act who provides emergency services pursuant to an approved EMS System; Dr. Strane was authorized and trained under the System plan, so he — and thus UCH vicariously — are immune | Court: Held yes; Dr. Strane was "authorized" under the Act to perform the transport and is covered by §3.150(a); UCH also immune under §3.150(b) as resource hospital supervising EMS personnel |
Key Cases Cited
- Abruzzo v. City of Park Ridge, 231 Ill. 2d 324 (discussing scope and purpose of the EMS Systems Act)
- Wilkins v. Williams, 2013 IL 114310 (statutory immunity under the EMS Act should not be limited by reading exceptions into the statute)
- Washington v. City of Evanston, 336 Ill. App. 3d 117 (physician supervising or directing EMS personnel may be entitled to Act immunity; resource hospital immunity under §3.150(b))
- Vancura v. Katris, 238 Ill. 2d 352 (employer vicarious liability principles; employee immunity extends to employer under respondeat superior)
- Gleason v. Village of Peoria Heights, 207 Ill. App. 3d 185 (policy rationale for EMS immunity encourages emergency response without fear of malpractice suits)