Blagden v. McMillin

Illinois Appellate Court
Civil Court
Medical Malpractice
Citation
Case Number: 
2023 IL App (4th) 220238
Decision Date: 
Thursday, January 26, 2023
District: 
4th Dist.
Division/County: 
Fulton Co.
Holding: 
Reversed and remanded.
Justice: 
DOHERTY

Plaintiff, independent administrator of the estate of a deceased individual, appealed from a summary judgment order entered in favor of a defendant in a medical malpractice action where the trial court found that there was no physician-patient relationship between the defendant doctor and the decedent and, as a result, there was no duty. The appellate court reversed and remanded, finding that there was a question of fact on the issue of duty where the facts established that there was a telephone call between the emergency department physician and an on-call physician regarding the decedent’s medical condition and where hospital bylaws established that the on-call physician was responsible for deciding whether the patient would be admitted to the hospital. The court distinguished the facts from cases involving an “informal conference” between physicians.  (DeARMOND and CAVANAGH, concurring)