Rose Newsome received treatment at the University of Illinois Hospital on March 12, 1995 when she alleged that she sustained a brain injury caused by medical negligence. Newsome and her husband, Hatler, hired attorney Zane Smith and his law firm to represent both of them in a medical malpractice lawsuit against the University of Illinois Hospital and several doctors who were involved in her treatment.
The attorney hired Dr. Bruce Livingston to serve as a consulting medical expert to assist with the Newsomes’ case. Dr. Livingston presented a medical consultation agreement that he had drafted and had signed by Smith and the Newsomes whereby Dr. Livingston would have a lien for the total amount of his fees plus any needed attorney fees.
Dr. Livingston was to be paid directly by the attorneys unless ordered otherwise by the court. Should his fee go unpaid, “the parties authorize Livingston to take a default judgment against them for his entire fee plus costs, interest and attorney fees.”