Essig v. Advocate Bromenn Medical Center
33 N.E.3d 288
Ill. App. Ct.2015Background
- Kathryn Essig (24) underwent ureteroscopy at BroMenn on April 8, 2008; surgeon Dr. Daniel Lange used electrohydraulic lithotripsy (EHL) after a stone became stuck, causing a ureteral tear and subsequent complications; she died in March 2009 of a pulmonary thromboembolism.
- Plaintiffs (Kathryn’s parents) sued Lange and his employer Carle for malpractice and later added institutional-negligence claims against Advocate BroMenn Medical Center (BroMenn).
- Plaintiffs alleged BroMenn negligently credentialed/supervised Lange, permitted unnecessary procedures (including EHL), failed to ensure informed consent, and failed to provide a holmium laser.
- Plaintiffs’ case relied heavily on an unsworn 2-622 written report by their expert Dr. Jay Copeland and other unsworn discovery materials; BroMenn submitted an affidavit from nurse Kelly Cone supporting summary judgment.
- The trial court granted BroMenn summary judgment; plaintiffs appealed. The appellate court reviewed de novo, excluded inadmissible materials (unsworn reports, Rule 213 disclosures), and affirmed summary judgment for BroMenn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BroMenn negligently credentialed Lange | BroMenn failed to reasonably credential/supervise Lange (Copeland’s report) | No evidence BroMenn knew or should have known Lange was unqualified; plaintiffs produced no admissible expert on credentialing | Summary judgment for BroMenn — plaintiffs offered no admissible evidence of negligent credentialing |
| Whether BroMenn is liable for permitting the specific procedure (ureteroscopy/EHL) | BroMenn allowed an unnecessary/nonindicated procedure | Medical decisions about procedure choice are the physician’s; nurses present had no duty or expertise to override surgeon | Summary judgment for BroMenn — no evidence hospital knew or should have known procedure was improper |
| Whether BroMenn failed to ensure informed consent re: EHL | Consent forms didn’t explicitly mention EHL; hospital failed to enforce policies | Consent form authorized surgeon to perform necessary/unexpected procedures; no proof hospital breached an institutional duty causing harm | Summary judgment for BroMenn — consent language and absence of admissible contrary evidence defeat claim |
| Whether BroMenn had duty to provide a holmium laser | BroMenn should have had holmium laser available (Copeland) | No institutional standard required hospital to own specialized equipment; third‑party provision is reasonable; plaintiffs offered no admissible evidence otherwise | Summary judgment for BroMenn — plaintiffs failed to show institutional standard required availability |
Key Cases Cited
- Jones v. Chicago HMO Ltd. of Illinois, 191 Ill. 2d 278 (2000) (institutional negligence is hospital’s own negligence, typically administrative/managerial in character)
- Frigo v. Silver Cross Hospital & Medical Center, 377 Ill. App. 3d 43 (2007) (elements for negligent credentialing claim)
- Longnecker v. Loyola University Medical Center, 383 Ill. App. 3d 874 (2008) (hospital judged by what a reasonably careful hospital would do)
- Robidoux v. Oliphant, 201 Ill. 2d 324 (2002) (affidavits substitute for trial testimony; Rule 191(a) requirements)
- Evans v. Brown, 399 Ill. App. 3d 238 (2010) (procedure for excluding evidence and motions to strike in summary judgment context)
- Fabiano v. City of Palos Hills, 336 Ill. App. 3d 635 (2002) (appellate courts may sua sponte assess affidavit sufficiency on de novo review)
- Jackson v. Graham, 323 Ill. App. 3d 766 (2001) (de novo review applies to striking affidavits in summary judgment)
- Alford v. Phipps, 169 Ill. App. 3d 845 (1988) (hospitals generally not liable for independent physicians’ medical judgments)
- Pickle v. Curns, 106 Ill. App. 3d 734 (1982) (no duty for hospital administration to insure every staff physician performs due care)
- Darling v. Charleston Community Memorial Hospital, 33 Ill. 2d 326 (1965) (foundational discussion of hospital responsibilities and institutional liability)
- Allen v. Meyer, 14 Ill. 2d 284 (1958) (policy favoring summary judgment where no genuine factual dispute exists)