Beyond the Signature: How Context and Timing of Consent Forms Can Impact Apparent Agency Claims

In a pivotal ruling, the Illinois First District Appellate Court examined agency claims in medical malpractice cases, focusing on the timing of consent forms. The case of Brayboy v. Advocate Health & Hosp. Corp. highlights how consent forms can be contested based on signing circumstances. This decision affects emergency room treatment and patient rights, emphasizing meaningful consent and hospital liability. Discover how this case may influence defense strategies in medical malpractice claims.

The Antiquity of “Apparent Agency” in the Modern Health Care System

Illinois courts continue to refine the doctrine of “apparent agency” in medical malpractice cases. In Gilbert v. Sycamore Municipal Hospital, the Illinois Supreme Court held that hospitals could be vicariously liable for independent contractor physicians when patients reasonably relied on the hospital’s reputation, particularly where the hospital benefited financially from marketing its physicians. Later cases, including Yarbrough v. Northwestern Memorial Hospital and Harris v. Symphony Countryside, LLC, limited liability where patients had reason to know that the treating providers were independent entities and the original hospital or prior owners no longer controlled operations or profited from them. These decisions highlight that apparent agency hinges less on marketing or name recognition alone and more on whether patients reasonably believed the provider was acting on behalf of the hospital or entity in question.