Estate of Kundert v. Illinois Valley Community Hospital

Parents filed medical malpractice suit against hospital for death, from bacterial meningitis, of their six-week-old infant. Mother called ER when infant was showing signs of serious illness, and unknown person answering phone in ER told mother that she was overreacting, that symptoms did not require immediate attention, and told her to give Tylenol and tepid baths. As person answering phone told mother that hospital did not have equipment or medical personnel to provide medical services to infants, this was refusal to provide services, and thus no hospital-patient relationship or duty existed. Key inquiry is whether patient knowingly seeks a physician's services and physician knowingly accepts patient. (LYTTON and WRIGHT, concurring.)