McNamee v. Sandore

In McNamee v. Sandore, 373 Ill. App. 3d 636, 869 N.E.2d 1102, 312 Ill. Dec. 111 (2007), the patient was taken to a hospital due to emergency concerns regarding her pregnancy. Multiple suits followed involving the patient, her husband, the hospital, the treating physician and his employer, wherein, in part, a theory of apparent agency was raised. Submitted into evidence was a consent form dated the day the patient registered at the hospital; the consent form, which specified that attending physicians were independent contractors, bore the signature of the patient, her husband (as the responsible insurer), and a third party's initials which, as explained in an accompanying affidavit from a patient registration supervisor, were those of the registrar on duty who witnessed the patient and her husband's signatures. However, in her deposition, the patient unequivocally denied that the signature bearing her name on the form was in her or her husband's handwriting, and she testified that she did not sign the form nor did she authorize her husband to do so on her behalf. Likewise, following a motion for summary judgment, the patient submitted an affidavit wherein she again averred that the signature on the consent form was not hers. On appeal, the McNamee court found that there was "a factual dispute over a factor" regarding the "holding out" elements of Gilbert. McNamee 373 Ill. App. 3d at 651. This was because, as the court explained, although the consent form indicated the independent contractor status of the physician, the patient:"Both at her deposition and in her affidavit, denied signing the form," while the hospital submitted an affidavit from the registration supervisor that a registrar had witnessed her signature. See McNamee, 373 Ill. App. 3d at 651.