Andrea Kott and Patrick Viktora Secure Summary Judgment Win for Healthcare Providers in a Case Involving Allegations of Agency

October 2020

Andrea Kott and Patrick Viktora recently achieved a summary judgment win on behalf of a healthcare client in a case involving allegations of agency of the physicians involved in orthopedic surgery on a patient.

The plaintiff underwent surgery at an Illinois hospital under the care of a resident of the hospital and another doctor from a separate practice with whom he had a history of prior consultations and visits for other issues. Prior to the surgery, the plaintiff signed a consent form, however the consent was later argued as potentially ambiguous as to the agency of the doctors involved in the procedure.

In his deposition, the plaintiff testified that he believed the secondary doctor was only “affiliated” with the healthcare organization, despite the fact that the doctor is fully employed by the organization. Andrea and Patrick moved for summary judgment, stating that the plaintiff previously testified that the secondary doctor was in fact an employee of the healthcare organization, therefore proving no reliance for his claim. The judge agreed, finding no evidence of reliance in the matter.

Andrea Kott is a seasoned civil litigator with an emphasis on representing healthcare institutions, physicians, nurses and other providers. Her vast experience includes successfully defending hospitals and physicians in medical malpractice trials involving catastrophic injury and death. She has also successfully mediated numerous favorable pre-trial settlements involving death and serious personal injury.

Patrick Viktora concentrates his practice in civil litigation with an emphasis on medical malpractice defense, representing physicians, nurses, and hospitals in complex litigation. He also handles cases involving pharmaceutical liability, premises liability, product liability, and claims of physician-patient sexual abuse. In addition to handling all stages of litigation, he also handles pre-suit investigations of potential high-risk claims.