38 F.4th 540
7th Cir.2022Background
- Glenn Lash, a 60-year-old obese man with remote smoking history and hypertension, presented to Sparta Community Hospital with shortness of breath and chest discomfort; vitals were abnormal and staff ordered EKG, blood work, and chest x‑ray.
- Chest x‑ray showed mild congestive heart failure and an enlarged right hilum; Dr. Panico recommended a CT to rule out a mass.
- Dr. Haresh Motwani diagnosed an "anxiety reaction," prescribed medications, discharged Lash, and neither he nor nurses informed Lash of the congestive failure or significance of the hilar enlargement.
- Lash died the next evening of a heart attack; his widow sued Drs. Motwani and Panico for malpractice and Sparta Hospital vicariously, and alleged lack of informed consent.
- The district court granted summary judgment for Sparta Hospital (denied for Motwani); Motwani later settled and was dismissed. On appeal the Seventh Circuit affirmed, holding the hospital immune under the Illinois Tort Immunity Act and rejecting the informed‑consent claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sparta Hospital is vicariously liable for staff negligence (misdiagnosis) | Lash: hospital is liable for negligent testing, failure to include acute cardiopulmonary disease in differential and failures by staff | Sparta: Illinois Tort Immunity Act bars suits against local public entities for negligent diagnosis (but not treatment); the gravamen is misdiagnosis | Court: Claim allege misdiagnosis only; immunity applies; affirm summary judgment for hospital |
| Whether plaintiff states an informed‑consent claim | Lash: staff failed to disclose material risks that would have altered decisions | Sparta: no treatment was provided, so there was nothing for which informed consent could be withheld; no causation | Court: Informed‑consent fails because Lash received no treatment and cannot show undisclosed information altered consent; claim dismissed |
Key Cases Cited
- Mich. Ave. Nat. Bank v. County of Cook, 732 N.E.2d 528 (Ill. 2000) (distinguishing immunity for diagnosis from liability for treatment)
- Mabry v. County of Cook, 733 N.E.2d 737 (Ill. App. Ct. 2000) (hospital immune where physicians misdiagnosed and never treated the fatal condition)
- Willis v. Khatkhate, 869 N.E.2d 222 (Ill. App. Ct. 2007) (gravamen test: focus on whether claim targets diagnosis or treatment)
- Johnson v. Bishof, 33 N.E.3d 624 (Ill. App. Ct. 2015) (no entity liability where defendants treated symptoms consistent with a diagnosis, not the undiscovered injury)
- Coryell v. Smith, 653 N.E.2d 1317 (Ill. App. Ct. 1995) (informed consent requires undisclosed material information that would have changed the patient’s decision)
- Crim ex rel. Crim v. Dietrich, 67 N.E.3d 433 (Ill. App. Ct. 2016) (elements of informed‑consent cause of action)
- Birch|Rea Partners, Inc. v. Regent Bank, 27 F.4th 1245 (7th Cir. 2022) (federal courts in diversity apply state substantive law)
- Weaver v. Speedway, LLC, 28 F.4th 816 (7th Cir. 2022) (summary judgment and genuine‑issue standards)