Appeal from the Circuit Court of Cook County; the Hon. Brian
B. Duff, Judge, presiding.
JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT:
Defendant Dr. John E. Hopper appeals from an order of the circuit court of Cook County which reinstated him as a defendant after vacating a prior order granting summary judgment in his favor.
Plaintiff Brian Douglas Lazzara, as father and next friend of Heather Lazzara, a minor, brought suit on April 9, 1980, against Dr. Hopper (originally named as Dopper) and others including Copley Memorial Hospital (the hospital) to recover damages for injuries Heather allegedly received due to the alleged medical negligence of the various defendants.
The complaint alleged that on January 9, 1976, Heather was taken to the hospital for treatment and that while there, she came under the care of Dr. Hopper who rendered consultation and advice concerning the care, condition, diagnosis and treatment of Heather and undertook to care and treat her. The complaint charged that Dr. Hopper was an employee of the hospital, was negligent in his treatment of Heather by various means and methods and that, as a direct and proximate result of the alleged negligent acts, Heather was severely and permanently injured. Dr. Hopper's answer denied that he had treated Heather and that he was an employee of the hospital.
Subsequently in response to a request to admit facts, plaintiff admitted that Heather was not treated by Dr. Hopper, that Heather was to meet her private physician (Dr. Abell) in the emergency room of the hospital, that Dr. Abell rendered care and treatment to her and sent her home.
On July 10, 1981, Dr. Hopper moved for summary judgment relying on this admission of facts and on his affidavit in which he stated that he was on call as the emergency physician at the hospital on January 9, 1976, that he was not asked to, nor did he, render any care or treatment to Heather or offer any medical services to her.
After Dr. Hopper's deposition was taken, a hearing on his motion for summary judgment was held on December 16, 1981. At that hearing the admitted facts were:
1. Heather Lazzara was not treated by Dr. Hopper at Copley Memorial Hospital on January 9, 1976.
2. Heather Lazzara had been taken to Copley Memorial Hospital for treatment and to meet Dr. Abell there.
3. Dr. Abell did render care and treatment to Heather Lazzara in the emergency room.
and the undisputed facts were:
1. Dr. Hopper was not asked to render any care and treatment to Heather Lazzara.
2. Heather Lazzara was presented to the emergency room with the chief complaint of a right earache.
3. That, after treatment by Dr. Abell, Heather Lazzara was sent home with medication and was to see Dr. ...