2012 IL App (3d) 110007
Ill. App. Ct.2012Background
- Kameryn Kundert, a six-week-old newborn, died from bacterial meningitis after care at Illinois Valley Community Hospital in 2007.
- Krista Grady and Dustin Kundert, Kameryn's parents, sued the hospital for medical negligence on Kameryn's behalf and in a representative capacity.
- Plaintiffs alleged negligent telephone advice on May 31, 2007 caused delay in life-saving treatment for Kameryn.
- The circuit court granted Illinois Valley's 2-615 motion to dismiss, finding no physician-patient or hospital-patient relationship existed as a matter of law.
- The appellate court affirmed, holding no duty existed without a recognized hospital-patient or physician-patient relationship; the case was dismissed with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hospital owes a duty to a patient absent a physician-patient relationship | Kundert argues there was a direct connection and reliance on hospital advice creating a patient-like duty | Illinois Valley contends no consented, direct physician-patient relationship existed; duty requires clear relationship | No duty; no hospital-patient relationship established as a matter of law |
Key Cases Cited
- Kirk v. Michael Reese Hospital & Medical Center, 117 Ill.2d 507 (1987) (duty requires a direct physician-patient relationship or special relation)
- Reynolds v. Decatur Memorial Hospital, 277 Ill.App.3d 80 (1996) (physician-patient duty requires seeking and accepting; informal advice not enough)
- Gillespie v. University of Chicago Hospitals, 387 Ill.App.3d 540 (2008) (no physician-patient relationship where on-call intensivist did not treat the patient)
- Siwa v. Koch, 388 Ill.App.3d 444 (2009) (no duty where physician did not accept patient as patient despite advice)
- Gathings v. Muscadin, 318 Ill.App.3d 1091 (2001) (declined consultation; no physician-patient relationship formed)