Frezados v. Ingalls Memorial Hospital
991 N.E.2d 817
Ill. App. Ct.2013Background
- Frezados sued Ingalls Memorial Hospital for medical negligence, seeking vicarious liability for Drs. Olivieri and Ibrahim.
- Plaintiff signed a consent-for-treatment form stating the physicians were independent contractors, not employees or agents of Ingalls.
- Dr. Olivieri treated Frezados at Ingalls; Dr. Ibrahim was to treat him later and was located in the same facility.
- Ingalls moved for summary judgment, arguing no apparent or actual agency relationship existed between Ingalls and the doctors.
- Circuit court granted summary judgment for Ingalls; on appeal, Frezados challenged the holding-out and reliance aspects of apparent agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether holding out to the patient established apparent agency | Frezados contends hospital actions misled patient into believing doctors were hospital employees. | Ingalls argues consent form and posted notices negate holding out of employment. | No genuine issue; consent form and notices negate apparent agency. |
| Whether plaintiff's signature on the consent form forecloses reliance | Frezados asserts pain prevented reading; reliance on hospital appearance remained possible. | Hospital shows explicit disclaimer with no contrary indications in form. | Signature on explicit disclaimer defeats justifiable reliance. |
Key Cases Cited
- Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511 (1993) (expands hospital vicarious liability to apparent agency)
- Churkey v. Rustia, 329 Ill. App. 3d 239 (2002) (consent form disclaimers with lack of factual showing foreclose apparent agency)
- Spiegelman v. Victory Memorial Hospital, 392 Ill. App. 3d 826 (2009) (consent language and separate hospital billing influence holding-out analysis)
- Wallace v. Alexian Brothers Medical Center, 389 Ill. App. 3d 1081 (2009) (consent form disclaimers reduce apparent agency findings)
- Lamb-Rosenfeldt v. Burke Medical Group, Ltd., 2012 IL App (1st) 101558 (2012) (consent language impacts holding-out assessment)
- James v. Ingalls Memorial Hospital, 299 Ill. App. 3d 627 (1998) (consent form language affecting agency interpretation)
- Schroeder v. Northwest Community Hospital, 371 Ill. App. 3d 584 (2006) (disclosure provision can create triable issues when ambiguous)