Kaufmann v. Schroeder
241 Ill. 2d 194
Ill.2011Background
- Kaufmann filed suit on Dec. 31, 2007 against Schroeder and Jersey Community Hospital (JCH) for injuries from a Jan. 2006 hospitalization.
- Amended complaint (June 23, 2008) asserts seven counts against JCH and Dr. Schroeder, including negligent hiring/retention/supervision and battery related to a sexual assault during hospitalization.
- JCH, as a municipal entity, argued the one-year statute in 745 ILCS 10/8-101(a) applied; Kaufmann argued the two-year period in 745 ILCS 10/8-101(b) applied because injuries arose from patient care.
- Appellate court and circuit court both held 8-101(a) applied to counts against JCH; Kaufmann appealed, contending 8-101(b) applied.
- Illinois Supreme Court held that the injuries did not arise out of patient care, so 8-101(b) did not apply and the action against JCH was time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8-101(b) applies to Kaufmann's claims against JCH. | Kaufmann contends injuries arose out of patient care. | JCH argues only 8-101(a) applies since injuries were not caused during care. | 8-101(b) does not apply; injuries did not arise from patient care. |
| Whether the phrase 'arising out of patient care' should be construed broadly to include this sexual assault. | Injury arose from physician's care during hospitalization. | Injury did not originate in medical care; it was a standalone sexual assault. | Injury did not arise from patient care; not within 8-101(b). |
Key Cases Cited
- Brucker v. Mercola, 227 Ill.2d 502 (2007) (broad causal-connection standard for arising out of patient care; not mere but-for causation)
- Orlak v. Loyola Univ. Health Sys., 228 Ill.2d 1 (2007) (extends concept to broader contexts; origin in patient care required)
- Hayes v. Mercy Hosp. & Med. Ctr., 136 Ill.2d 450 (1990) (statute 13-212 purpose; broadened application to patient-care claims)
- Miller v. Tobin, 186 Ill.App.3d 175 (1989) (early appellate view of arising out of patient care broadly defined)
- Walsh v. Barry-Harlem Corp., 272 Ill.App.3d 418 (1995) (inextricable link between care and alleged misconduct supports arising out of patient care)