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Darling v. Charleston Community Memorial Hospital

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Law Dictionary

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Citation. Darling v. Charleston Community Memorial Hospital, 33 Ill. 2d 326, 211 N.E.2d 253, 1965 Ill. LEXIS 250, 14 A.L.R.3d 860 (Ill. 1965)

Brief Fact Summary. Darling (Plaintiff) claimed that Charleston Community Memorial Hospital (Defendant) was liable for alleged negligence by its staff. 

Synopsis of Rule of Law. A hospital may be liable for the negligence of its staff.

Facts. Darling (Plaintiff) was taken to the emergency room at Charleston Community Memorial Hospital (Defendant) when he broke his leg.  The attending physician, Dr. Alexander (Defendant), set the break and put the leg in a cast.  The next day, Plaintiff"s toes turned dark and cold.  The cast was removed, but much of the tissue in the leg had become necrotic from constriction caused by the cast.  Eventually the lower leg had to be amputated.  Plaintiff brought suit against Alexander (Defendant) and Charleston (Defendant).  After Plaintiff settled with Alexander (Defendant), he tried the case against Charleston (Defendant).  The jury returned a verdict of $150,000.00.  The court of appeals affirmed this, and the Supreme Court of Illinois granted review on the issue of whether or not a hospital could be held liable for the negligence of its staff.

Issue. May a hospital be liable for the negligence of its staff?

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