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HOLDEN v. ROCKFORD MEMORIAL HOSP.

No. 2-96-0784.

678 N.E.2d 342 (1997)

287 Ill. App.3d 320

222 Ill.Dec. 730

John P. HOLDEN, Plaintiff and Counter-defendant-Appellee, v. ROCKFORD MEMORIAL HOSPITAL, Defendant and Counter-plaintiff-Appellant.

Appellate Court of Illinois, Second District.

March 27, 1997.

Attorney(s) appearing for the Case

John J. Holevas, Scott C. Sullivan, Timothy J. Rollins, Williams & McCarthy, P.C., Rockford, for Rockford Memorial Hospital.

Michael J. Hedeen, Rockford, Richard R. Haldeman, Haldeman & Associates, Rockford, for John P. Holden, M.D.

Jerry P. Clousson, Joseph T. Butz, Clousson & Butz, Chicago, for Amici Curiae Downstate Physicians Alliance, Illinois Heartland Physicians Association, Independent Physicians Network, McLean Area Medical Association, Peoria County Medical Society.

Thaddeus J. Nodzenski, Mark D. Deaton, Illinois Hospital & HealthSystems Association, Naperville, Michael R. Callahan, Katten, Muchin & Zavis, Chicago, for Amici Curiae Illinois Hospital & HealthSystems Association, Metropolitan Chicago Healthcare Council.

Robert John Kane, Saul J. Morse, Illinois State Medical Society, Springfield, Michael L. Ile, American Medical Association, Chicago, for Amici Curiae American Medical Association, Chicago Medical Society, Illinois State Medical Society, Lake County Medical Society, Winnebago County Medical Society.

Justice COLWELL delivered the opinion of the court:

Defendant and counterplaintiff, Rockford Memorial Hospital, appeals from the trial court's order granting summary judgment. The trial court determined as a matter of law that an employment agreement between the hospital and plaintiff and counterdefendant, Dr. John Holden, was unenforceable because under the corporate-practice-of-medicine doctrine hospitals are prohibited from employing physicians. On appeal, the...

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