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• Summary Judgment Win For Local Hospital

Robert O’Malley and Lindsay Fragoso recently secured a victory on behalf of a hospital client in the Circuit Court of Cook County when the court granted summary judgment on behalf of the hospital.

In March of 2014, plaintiff filed suit alleging that during a robotic assisted laparoscopic sacrocolpopexy with a mid-urethral sling suspension, her surgeon improperly attached a pelvic mesh to plaintiff’s uterosacral ligation. Plaintiff alleged resulting post-operative pelvic injury and urinary incontinence, necessitating a second surgery. The suit was filed against Plaintiff’s surgeon, his practice group, and the hospital.

Plaintiff argued that the hospital was liable because of its principal/agent relationship with the defendant surgeon who had privileges to operate at the hospital. The plaintiff’s medical bills were considerable, as were her claims for monetary damages for pain and suffering and future medical care resulting from the alleged negligence.

In response to the claims, Robert O’Malley and Lindsay Fragoso filed a motion for summary judgment for the hospital, arguing that there was no principal-agent relationship between the hospital and surgeon. The basis for this argument was that Plaintiff had signed consent forms prior to her surgery which advised her that surgeon was not an employee of the hospital, and that Plaintiff had seen the surgeon at his own office numerous times prior to scheduling and undergoing the surgery. The court granted the motion for summary judgment based on these arguments, and the hospital was dismissed.

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