Bell and Broadstone Deliver…Again
The duo represented a Central Illinois hospital facing allegations based on apparent agency liability for the conduct of a non-employed specialist. The specialist performed a procedure for the patient, which occurred at the hospital. The plaintiff alleged that this procedure was performed negligently and also alleged that it caused the development of a serious medical condition resulting in the patient's death.
The presiding judge granted the Motion for Summary Judgment, finding no evidence of the elements required to prove the apparent agency theory – "holding out" or "reliance." The patient met with the specialist at an initial visit at his office, across the street from the hospital. The specialist's office then scheduled the procedure at the hospital. The plaintiff argued that they "believed" the specialist was a hospital physician because they were referred to him by their primary care physician, who had a relationship with the hospital. The court disagreed and granted summary judgment.
The case proceeds against the specialist, but the Heyl Royster team successfully obtained an order from the Court that its decision is final and appealable. This is the second time this summer that Andrew Bell and Ashley Broadstone have secured summary judgment for the firm's clients in a medical malpractice case.