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Health Care Law Alert

Wrongful Death Act Allows Plaintiffs to Pursue MedMal Claim Against Other Physicians

With a lengthy dissent by Justice Garman, the Illinois Supreme Court recently addressed the proper interpretation of section 2.2 of the Wrongful Death Act and answered the following certified question in the negative, allowing plaintiffs to pursue their medical malpractice claim: “Whether section 2.2 of the Wrongful Death Act, 740 ILCS 180/2.2, bars a cause   Continue Reading »

THE ILLINOIS MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CONFIDENTIALITY ACT: Sword or Shield

The Illinois Mental Health and Developmental Disabilities Confidentiality Act (“the Act”), 740 ILCS 110/1 et seq.,[1] was passed in 1992 by the Illinois legislature to provide heightened privacy protections to recipients and providers of mental health services.  The Act has carved out a unique exception to our legal system’s principles of liberal discovery, strictly prohibiting   Continue Reading »

Attorney Client Privilege Under Attack: Disclosing Defendant Physicians as 213(f)(3) Witnesses

An issue has arisen in the context of disclosing direct defendant physicians as 213(f)(3) witnesses. Certainly, a party fits under the plain language as 213(f)(1) and 213(f)(3). Recently, in Cook County, Plaintiff’s attorneys have sought discovery production of communication between direct defendant physicians who are disclosed as (f)(3) witnesses and his/her attorneys. The position that   Continue Reading »

Internal Quality Control Documents Granted Privilege in Med Mal Dispute

Hospitals face this issue on a regular basis: whether documents used for internal quality control review sessions are privileged.  In this particular medical malpractice lawsuit alleging wrongful death, the hospital asserted privilege, under the Medical Studies Act, to certain internal quality control documents requested in discovery. Overview: The decedent, while under general anesthesia, allegedly suffered   Continue Reading »

Johnson and Bell

Johnson and Bell