Schroeder v. Northwest Community Hospital

In Schroeder v. Northwest Community Hospital, 371 Ill. App. 3d 584, 862 N.E.2d 1011, 308 Ill. Dec. 808 (2006), the plaintiff appealed the grant of summary judgment to a hospital in a case in which the plaintiff also sued several physicians and nurses. The appellate court reversed and remanded. The court did not address, much less decide, whether the section 2--622 report was admissible as evidence in opposition to the motion for summary judgment. Instead, the court discussed the report in the context of deciding whether the complaint sufficiently raised a claim that the hospital was vicariously liable for the nurses' alleged negligence. Schroeder, 371 Ill. App. 3d at 594. The court held that the complaint, including the section 2--622 report, did place the hospital on notice that the plaintiff was claiming nursing negligence and thus vicarious liability. Schroeder, 371 Ill. App. 3d at 595-96.