Bauer v. Memorial Hospital

              1Although 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
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 the
disposition of the same.
NO. 5-06-0291
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
BRANDON BAUER, an Infant, by Scott ) Appeal from the
Bauer, His Father and Next Friend, and ) Circuit Court of
SCOTT BAUER and AMY BAUER, ) St. Clair County.
Individually, ))
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