Plaintiff brought suit for medical malpractice against several defendants and the trial court entered summary judgment as to one physician and his employer by finding that they did not owe a duty to the plaintiff because there was “no special relationship” between the physician and the plaintiff despite having approved of the plaintiff’s treatment and discharge plan. Plaintiff appealed, arguing that there was a physician-patient relationship and that there was a genuine issue of material fact as to whether the physician owed a duty of care to the plaintiff. The appellate court reversed, finding that there was a genuine issue of material fact on the question of duty because the defendant was an attending physician who was responsible for reviewing patient’s medical charts to ensure that they were receiving proper medical care and treatment. (ODEN JOHNSON and TAILOR, concurring)
Illinois Appellate Court
Civil Court
Medical Malpractice