Engstrom v. Provena Hospitals

819 N.E.2d 778, 353 Ill. App. 3d 646, 289 Ill. Dec. 282, 2004 Ill. App. LEXIS 1390
Appellate Court of Illinois·Decided November 16, 2004·No. 4-03-0965·Published·Cited by 2 cases

Opinions

JUSTICE STEIGMANN

delivered the opinion of the court:

In February 2003, plaintiff, Cheryl Engstrom, filed a complaint against defendant, Provena Hospitals, an Illinois not-for-profit corporation, d/b/a Provena Covenant Medical Center, seeking damages for retaliatory discharge. In April 2003, Provena filed a motion to dismiss Engstrom’s complaint under section 2 — 615 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 615 (West 2002)), arguing that she had failed to state a claim that her termination violated public policy. Following an October 2003 hearing, the trial court granted Provena’s motion and dismissed Engstrom’s complaint with prejudice.

Engstrom appeals, arguing that the trial court erred by granting Provena’s motion to dismiss. We disagree and affirm.

I. BACKGROUND

In February 1990, Engstrom began working for Provena. During her employment, she held various positions, including emergency-room registration clerk. On October 25, 2001, Engstrom reported to Provena’s director of emergency services that (1) emergency-room staff were permitting an individual, diagnosed with human immunodeficiency virus (HIV) to loiter in and around the emergency room and (2) triage nurses were providing incorrect triage times on medical records when patients were admitted to the emergency room. On November 6, 2001, Engstrom was suspended from her position, and on November 16, 2001, her employment with Provena was terminated.

In February 2003, Engstrom filed a complaint against Provena, seeking damages for retaliatory discharge. Specifically, Engstrom alleged that (1) Provena had intentionally discharged her in retaliation for her October 25, 2001, reports to Provena’s director of emergency services; (2) her reports were “in furtherance of the public policy of the State of Illinois to provide for the safety and care of patients”; and (3) the discharge violated public policy.

In April 2003, Provena filed a section 2 — 615 motion to dismiss Engstrom’s complaint, arguing that the complaint failed to state a claim that her termination violated a public policy. In September 2003, Engstrom filed a memorandum in response to Provena’s motion to dismiss, in which she argued that her complaint alleged that her discharge violated a clearly mandated public policy. Specifically, Engstrom argued that her complaint alleged sufficient facts to establish that her discharge violated public policy set forth in (1) the Hospital Licensing Act (Licensing Act) (210 ILCS 85/1 through 16 (West 2002)) and (2) the hospital licensing regulations of the Illinois Administrative Code (Administrative Code) (77 Ill. Adm. Code pt. 250 (Conway Greene CD-ROM April 2001)). Following an October 2003 hearing, the trial court granted Provena’s motion to dismiss and dismissed Engstrom’s complaint with prejudice.

This appeal followed.

II. ANALYSIS

A. Engstrom’s Claim That the Trial Court Erred by Dismissing Her Complaint

Engstrom argues that the trial court erred by dismissing her complaint with prejudice because she stated a claim for retaliatory discharge. Specifically, she contends that her complaint sufficiently alleged that her termination for reporting (1) the presence of a nonemployee HIV-positive individual in the emergency room and (2) that emergency-room triage nurses had recorded incorrect triage times violated a clearly mandated public policy. We disagree.

A section 2 — 615 motion to dismiss (735 ILCS 5/2 — 615 (West 2002)) attacks the legal sufficiency of a complaint by alleging defects on the face of the complaint. Vitro v. Mihelcic, 209 Ill. 2d 76, 81, 806 N.E.2d 632, 634 (2004); Armstrong v. Snyder, 336 Ill. App. 3d 567, 568, 783 N.E.2d 1101, 1103 (2003). When ruling on a section 2 — 615 motion, a court must accept as true all well-pleaded facts in the complaint and all reasonable inferences that may be drawn therefrom. Vitro, 209 Ill. 2d at 81, 806 N.E.2d at 634; Armstrong, 336 Ill. App. 3d at 569, 783 N.E.2d at 1103. Our supreme court has determined the critical inquiry regarding a section 2 — 615 motion to be “whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.” Vitro, 209 Ill. 2d at 81, 806 N.E.2d at 634. We review de novo an order granting a section 2 — 615 motion to dismiss. Vitro, 209 Ill. 2d at 81, 806 N.E.2d at 634; Armstrong, 336 Ill. App. 3d at 569, 783 N.E.2d at 1103.

“The tort of retaliatory discharge is a limited and narrow exception to the general rule that an at-will employee is terminable at any time for any or no cause.” Geary v. Telular Corp., 341 Ill. App. 3d 694, 700, 793 N.E.2d 128, 133 (2003); Palmateer v. International Harvester Co., 85 Ill. 2d 124, 128, 421 N.E.2d 876, 878 (1981). Our supreme court has emphasized the goal of restricting the tort of retaliatory discharge. See Fisher v. Lexington Health Care, Inc., 188 Ill. 2d 455, 467, 722 N.E.2d 1115, 1121 (1999) (“this court has consistently sought to restrict the common[-]law tort of retaliatory discharge”). To establish a cause of action for retaliatory discharge, a claimant must show the following: (1) claimant was discharged in retaliation for claimant’s activities and (2) the discharge violated a clearly mandated public policy. Jacobson v. Knepper & Moga, P.C., 185 Ill. 2d 372, 376, 706 N.E.2d 491, 493 (1998); Chicago Commons Ass’n v. Hancock, 346 Ill. App. 3d 326, 328, 804 N.E.2d 703, 705 (2004). The supreme court’s test for determining if a complaint states a valid cause of action for retaliatory discharge is “whether the public policy clearly mandated by the cited provisions is violated by the plaintiffs discharge.” Barr v. Kelso-Burnett Co., 106 Ill. 2d 520, 527, 478 N.E.2d 1354, 1357 (1985).

1. Engstrom’s Report Regarding the HTV-Positive Individual in the Emergency Room

Engstrom first contends that her complaint sufficiently alleged that her termination for reporting the presence of an HIV-positive individual in the emergency room violated a public policy in Illinois that “patients at hospitals have a right to privacy and confidentiality.” Specifically, she asserts that this public policy is set forth in (1) the Medical Patient Rights Act (Patient Rights Act) (410 ILCS 50/0.01 through 99 (West 2002)), (2) the Licensing Act (210 ILCS 85/1

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Engstrom v. Provena Hospitals, 819 N.E.2d 778, 353 Ill. App. 3d 646, 289 Ill. Dec. 282, 2004 Ill. App. LEXIS 1390 (Ill. Ct. App. 2004).

819 N.E.2d 778 (Engstrom v. Provena Hospitals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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