Lamb-Rosenfeldt v. Burke Medical Group
2012 IL App (1st) 101558
Ill. App. Ct.2012Background
- Decedent Lamb treated by Dr. Kathryn Burke from 2004 to 2006; later died from lung cancer complications.
- Consent forms at St. James Hospital stated physicians are independent contractors, not employees or agents of the hospital.
- Lamb signed nine forms containing clear disclaimer language about independence; two payment/release forms also signed.
- Plaintiff alleged Burke was hospital's agent or employee via actual/apparent agency; hospital moved for summary judgment.
- Trial court granted summary judgment to St. James on apparent agency; modified order final as to St. James; appeal followed.
- Appellate court affirmed, holding no genuine issue of material fact on holding out or reliance; hospital not vicariously liable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether St. James can be vicariously liable for Burke's care | Lamb argues Burke was hospital's apparent/actual agent due to titles and referrals | St. James contends Burke was independent contractor; no actual/apparent agency | No genuine issue; St. James not liable; no apparent/actual agency shown |
| Effect of consent forms on holding out | Forms were ambiguous due to extraneous sections, may mislead about independence | Disclosure language is clear and unambiguous; supports no holding out | Forms clear; no holding out established |
| Reliance element for apparent agency | Decedent relied on hospital’s services, not just Burke, due to hospital affiliation | Decedent relied on Burke as treating physician; hospital not relied upon for care | Reliance lacking; plaintiff relied on Burke, not St. James |
Key Cases Cited
- Gilbert v. Sycamore Municipal Hospital, 156 Ill.2d 511 (Ill. 1993) (apparent authority and holding out for hospital liability)
- York v. Rush-Presbyterian-St. Luke’s Medical Center, 222 Ill.2d 147 (Ill. 2006) (reliance on hospital's support services; preexisting physician-patient relationship)
- Wallace v. Alexian Brothers Medical Center, 389 Ill.App.3d 1081 (Ill. App. 2009) (consent forms and independent contractor language; holding out considerations)
- Schroeder v. Northwest Community Hospital, 371 Ill.App.3d 584 (Ill. App. 2006) (ambiguous disclosure language in multi-section form)
- James v. Ingalls Memorial Hospital, 299 Ill.App.3d 627 (Ill. App. 1998) (consent forms and hospital liability analysis)
- Spiegelman v. Victory Memorial Hospital, 392 Ill.App.3d 826 (Ill. App. 2009) (placement and clarity of disclosure statements)