Dorotuy Topp, Administratrix of the Estate of RONALD STEGE Topp, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.
Headnotes
- NEGLIGENCE -Duty of Care. A hospital is not an insurer of a patient’s safety, but owes the patient the duty of protection, and must exercise such reasonable care as the patient’s known condition may require.
- SAME-Medical Malpractice Res Ipsa Loquitur. When an act that has caused an injury is shown to be under the management of the party charged with negligence, and the accident is such that as in the ordinary course would not have happened if those who had management used proper care, the accident itself affords reasonable evidence, in the absence of an explanation by the parties charged, that it arose from the want of proper care.
This matter comes before the Court on a petition for rehearing filed by Respondent.
In the opinion of this Court, the doctrine of res ipsa loquitur was properly invoked by the Claimant in this case.
[*511] 511 | In the case of Westchester Fire Insurance Company v. State of Illinois, 27 Ill. Ct.Cl. 327, the Court held that “when a thing which has caused an injury is shown to be under the management of the party charged with negligence and the accident is such as in iI the ordinary course of things will not happen if those who have such management use proper care, the accident itself affords reasonable evidence, in the absence of an explanation by the parties charged, that it arose ii from want of due care.”
{ In this case, the evidence is uncontradicted that en the deceased was very unstable on his feet, that he } needed help to get around, and he had access to liquor and, possibly, drugs. In addition, the fact that after his disappearance was noticed, only a token search was made for this individual, sustains the position of Claim- a ant. | The original award in the amount of $58,750.00 to Dorothy Todd, wife and sole surviving next of kin of the deceased, is hereby affirmed.