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

Illinois’ First District Appellate Court recently examined the nuances of crucial elements of apparent agency claims in medical malpractice cases. In doing so, the Court addressed an issue of first impression: When does a consent form have to be given to a patient by a hospital for the consent to be effective? As part of […]

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

The question of what constitutes “apparent agency” in the context of alleged medical malpractice continues to be analyzed by the Illinois appellate courts. The issue was first addressed by the Illinois Supreme Court in the case of Gilbert v. Sycamore Municipal Hospital.156 Ill.2d 511 (1993). In Gilbert, the Court set forth a multi-factor test to determine whether a […]