Ficke v. Evangelical Health Systems

Dorothy Ficke was admitted to Christ Hospital (defendant) following a stroke. Dorothy was 81 years old, seriously ill, unable to meaningfully communicate, and unaware of her surroundings. Dorothy was placed under the care of Dr. Jose Aruguete (defendant). A do-not-resuscitate (DNR) order was entered for Dorothy, and Dorothy’s daughter, Darlene Ficke (plaintiff), stated that Dorothy did not want lifesaving treatment. Regardless, Aruguete ordered lifesaving treatment. Neither Aruguete nor the hospital took steps to appoint a surrogate decisionmaker for Dorothy. Dorothy did not have an advance healthcare directive or healthcare agent. After Dorothy’s death, Darlene sued Aruguete and the hospital under Illinois’s Health Care Surrogate Act (the act), arguing that (1) a surrogate should have been appointed for Dorothy because she lacked decisional capacity and had a qualifying condition; and (2) forcing Darlene to witness Dorothy’s ongoing treatment caused Darlene injury. The hospital challenged, arguing that it was not obligated to appoint a surrogate for Dorothy unless Aruguete first determined Dorothy was incapacitated and had a qualifying condition, which Aruguete had not done. Aruguete argued that Darlene, as Dorothy’s family member, did not have an independent cause of action under the act. The trial court dismissed Darlene’s claims, and Darlene appealed.