Frigo v. Silver Cross Hospital and Medical Center

              -1-
Fourth Division
July 26, 2007
No. 1-05-1240
JEAN FRIGO, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ))
No. 00 L 11559
SILVER CROSS HOSPITAL and MEDICAL )
CENTER, ) Honorable
) Donald J. O'Brien, Jr.,
Defendant-Appellant. ) Judge Presiding.
JUSTICE NEVILLE delivered the opinion of the court:
Defendant, Silver Cross Hospital and Medical Center (Silver Cross), appeals from a jury
verdict awarding plaintiff, Jean Frigo, $7,775,668.02 in damages. The jury verdict resulted from a
negligent credentialing count based upon Silver Cross granting Dr. Paul Kirchner category II surgical
credentials, which authorized the doctor to operate on Frigo's foot and culminated in her foot being
amputated. On appeal, Silver Cross presents the following issues for review: (1) whether Frigo's
action was barred by the statute of limitation because the negligent credentialing claim raised in the
first amended complaint did not relate back to the allegations in the original complaint; (2) whether
the negligent credentialing claim was barred by sections 8-2101 and 8-2102 of the Code of Civil
Procedure, commonly known as the Medical Studies Act (735 ILCS 5/8-2101, 8,2102 (West 2000));
(3) whether the negligent credentialing claim was barred by the Hospital Licensing Act (210 ILCS