Bauer v. Memorial Hospital

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0291 Rel

Case Date: 11/27/2007

Preview:NO. 5-06-0291
NOTICE Decision filed 11/27/07. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ BRANDON BAUER, an Infant, by Scott Bauer, His Father and Next Friend, and SCOTT BAUER and AMY BAUER, Individually, ) Appeal from the ) Circuit Court of ) St. Clair County. ) ) Plaintiffs-Appellees, ) ) v. ) No. 00-L-373 ) MEMORIAL HOSPITAL, ) Honorable ) James M. Radcliffe III, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ JUSTICE STEWART delivered the opinion of the court: The defendant, Memorial Hospital1 (Memorial), appeals from the judgment of the circuit court of St. Clair County on the jury's verdict in the amount of $7.15 million in favor of the plaintiffs, Brandon Bauer, an infant, by Scott Bauer, his father and next friend, and Scott Bauer and Amy Bauer, individually, and against Memorial in the plaintiffs' medical malpractice action. Memorial raises numerous arguments on appeal. We affirm in part, vacate in part, and remand for further proceedings. BACKGROUND Memorial was one of several defendants named in a medical malpractice action filed

disposition of the same.

1

Although it is apparent from the record that the correct name of the defendant is

"Protestant Memorial Medical Center, Inc.," all the parties have continued to use "Memorial Hospital" in the caption of this case. The defendant does not deny liability as a result of this misnomer. 1

by the plaintiffs, alleging that the defendants were responsible for causing, or contributing to cause, brain damage and other injuries to Brandon due to their failure to recognize and/or adequately treat his hypoglycemia, i.e. , his abnormally low blood sugar. Before trial, the plaintiffs dismissed several of the defendants, including St. Louis Children's Hospital (Children's Hospital). Therefore, when the trial began, the only remaining defendants were Memorial, Dr. Pam Conard, and Dr. Conard's employer, Belleville Emergency Physicians. Amy Bauer, Brandon's mother, testified that she and her husband, Scott, have two children

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