Yarbrough v. Northwestern Memorial Hospital

Illinois Supreme Court
Civil Court
Agency
Citation
Case Number: 
2017 IL 121367
Decision Date: 
Friday, December 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; remanded; certified question answered.
Justice: 
THEIS

Plaintiff filed medical malpractice action for treatment received at community clinic, but named as defendant hospital which provides financial, technological, and strategic support to clinic.  A hospital cannot be held vicariously liable under doctrine of apparent agency set forth in Illinois Supreme Court's 1993 Gilbert v. Sycamore Hospital decision and its progeny for the acts of employees of an unrelated, independent clinic that is not a party to the present litigation.(KARMEIER, THOMAS, GARMAN, concurring; BURKE, FREEMAN, and KILBRIDE, dissenting.)