Opinion

Berlin v. Sarah Bush Lincoln Health Center

  • 279 Ill. App. 3d 447
  • 215 Ill. Dec. 940
  • 664 N.E.2d 337
Court
Appellate Court of Illinois
Filed
Apr 12, 1996
Status
Published
Author
McCULLOUGH
On the bench
Steigmann, Green, McCullough
Cited by
5 cases

The opinion

JUSTICE McCULLOUGH, dissenting:

I agree with the Health Center’s contention that there is not now a viable doctrine against corporate practice of medicine. The Health Center was not practicing medicine and there is no prohibition against the Health Center employing physicians.

The supreme court’s holding in United Medical Service found the 1923 Act prohibited the corporate entity practice of medicine. The rationale of Allison, as adopted by United Medical Service, finding the practice of a profession not subject to incorporation, is no longer followed. The majority refers to legislative enactments which do allow corporations to be involved in health services. The Plans Act, Medical Corporation Act, Professional Corporation Act and HMO Act allow incorporation.

The contract entered into between the parties did not permit the Health Center to practice medicine. Nor did the contract compromise Dr. Berlin’s practice of medicine.

The Health Center does not treat patients. The Darling court accepts the premise that hospitals "regularly employ on a salary basis a large staff of physicians.” Darling, 33 Ill. 2d at 332, 211 N.E.2d at 257. The Licensing Act should not be construed to prohibit hospitals or entities such as the Health Center from entering into contracts with licensed physicians so long as there is no violation of the physician’s Hippocratic oath.

I would not grant either motion by the respective parties for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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