The plaintiff Saleh Mizyed appealed from the trial judge’s order granting summary judgment, which dismissed his medical malpractice complaint against the defendant Palos Community Hospital. The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed’s treating physicians. The Illinois Appellate Court for the First District affirmed the dismissal.
Mizyed was treated at Palos Community Hospital (Palos) in early 2009. He is a native Arabic speaker. Although he speaks a limited amount of English, he was deposed in this case with the assistance of an interpreter. At his deposition, he testified that he cannot read or write in either English or Arabic, and that he relies on his adult children to read and translate documents for him. His adult daughter, Nadera (who testified that she has no difficulty speaking or reading English), sometimes went with Mizyed to his doctors’ appointments.
On Jan. 26, 2009, Mizyed visited his primary care physician, Dr. Odeh, for a regularly scheduled appointment. Nadera accompanied him to this doctor’s appointment. Based on the EKG at the doctor’s office, Dr. Odeh told Mizyed that he needed to go to a hospital immediately. According to Nadera, Dr. Odeh told Mizyed that “it looks like you’re having a heart attack right now.” Dr. Odeh called an ambulance and Mizyed was transported to Palos.