Johnson & Bell Shareholder, Tammy L. Wade, recently secured summary judgment on behalf of her hospital client resulting in the hospital’s dismissal from a significant medical malpractice lawsuit. In 2019, the plaintiff was admitted to the hospital for a surgical procedure that was performed by an independent practitioner with certain surgical privileges at the hospital. The surgery was a success, and, at the time of discharge, the surgeon prescribed a medication to the plaintiff that has known toxic side effects if taken at a high dosage over a long period of time. The plaintiff remained on the medication longer than originally intended and developed certain serious side effects that are often associated with toxic levels of the medication. The plaintiff filed a lawsuit in Cook County seeking damages against the hospital for the surgeon’s alleged negligence in prescribing the medication.
Ms. Wade filed a motion for summary judgment on behalf of the hospital asserting that the surgeon was acting independently in prescribing the medication to the plaintiff. Ms. Wade directed the court to the numerous consent forms executed by the plaintiff prior to her presentation to the hospital for surgery. The court agreed that the consent forms unambiguously informed the plaintiff that her surgeon was exercising his own medical judgment when prescribing the medication. Additionally, the court agreed with Ms. Wade’s argument that the plaintiff was relying on her surgeon when choosing to have her surgery at this particular hospital. Moreover, Ms. Wade’s investigation into the hospital’s electronic record led to the discovery of a document that undeniably established that the surgeon was responsible for the prescription where other documents presented by the plaintiff created a question of fact about who had prescribed the medication at issue. As a result, Ms. Wade’s client was dismissed with prejudice preventing the hospital from incurring additional litigation costs and expenses associated with trial.
