Fese v. Presence Central and Suburban Hospitals Network

Plaintiff filed a lawsuit on behalf of her deceased husband alleging medical negligence. The trial court granted the defendant hospital’s motion for summary judgment finding that the defendant doctor was not an apparent agent of the hospital and plaintiff appealed. The appellate court affirmed in part and reversed in part, finding that the trial court erred in granting the motion for summary judgment on the claims where the plaintiff proceeded as the administrator of the decedent’s estate because there was a genuine issue of material fact on the issue of apparent agency where there was no evidence that plaintiff was authorized by the decedent to sign a consent form that contained an independent contractor disclosure. The appellate court further found that the trial court did not err in granting the wife’s claims under the family expense statute because she had actual notice of the doctor’s independent contractor status. (SCHOSTOK and KENNEDY, concurring)