House v. SwedishAmerican Hospital

564 N.E.2d 922, 206 Ill. App. 3d 437, 151 Ill. Dec. 467, 1990 Ill. App. LEXIS 1889
CourtAppellate Court of Illinois
DecidedDecember 19, 1990
Docket2-90-0185
StatusPublished
Cited by38 cases

This text of 564 N.E.2d 922 (House v. SwedishAmerican Hospital) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. SwedishAmerican Hospital, 564 N.E.2d 922, 206 Ill. App. 3d 437, 151 Ill. Dec. 467, 1990 Ill. App. LEXIS 1889 (Ill. Ct. App. 1990).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Plaintiff, Betty House, appeals from an order of the circuit court of Winnebago County directing a verdict in favor of defendant, SwedishAmerican Hospital. On appeal, plaintiff contends that the trial court erred in: (1) refusing to release medical records in defendant’s possession to plaintiff; (2) prohibiting plaintiff from deposing, contacting, or disclosing the identity of a patient at the hospital; and (3) improperly excluding certain exhibits from evidence at trial. We affirm in part, reverse in part, and remand.

On June 14, 1985, plaintiff filed a complaint alleging that defendant carelessly and negligently permitted a patient in the hospital to inflict injuries upon her in a hospital lounge on November 30, 1983. On July 15, 1985, defendant filed a motion to dismiss the complaint, which was subsequently granted. On October 25, 1985, plaintiff filed an amended complaint which alleged that defendant “knew or should have known” that the patient was dangerous based upon the patient’s “prior conduct.”

During the discovery process, plaintiff filed a motion to compel the production of documents, including reports concerning the incident in question and “[a]ny and all documents or writings relating to the condition of the patient” who allegedly injured plaintiff. Defendant filed a response opposing plaintiff’s motion, arguing that the requested information was privileged and confidential for several reasons. On November 10, 1988, the trial court ordered defendant to produce the documents for an in camera inspection. After inspecting the documents, the court determined that plaintiff was entitled to discovery of the records because the records were “relevant, probative, not unduly prejudicial or inflammatory and that other satisfactory evidence is demonstrably unsatisfactory as evidence of the facts sought to be established.” The court further found that disclosure was important to further the interests of justice. However, all references identifying the nonparty patient would be eliminated before plaintiff received the documents.

Defendant filed a motion to reconsider the court’s decision, again arguing that the records were confidential. Defendant further argued that deleting identifying information would not assure protection of the patient’s identity. On December 30, 1988, the trial court denied defendant’s motion to reconsider, but modified its previous order to state that defendant was only required to produce the patient’s hospital records for the admission during the time in question. The court removed seven pages of these records because the information was confidential and not relevant to the lawsuit. The court further ordered that plaintiff was not entitled to discover records of the patient’s prior admissions at the hospital.

On January 6, 1989, the trial court granted plaintiff leave to depose Dr. David Stinson, the patient’s psychiatrist. Thereafter, defendant filed a motion to prohibit plaintiff from deposing Dr. Stinson. Dr. Stinson also filed a petition to quash the subpoena for his deposition. On June 30, 1989, the trial court denied defendant’s motion and Dr. Stinson’s petition, but ruled that plaintiff could not elicit testimony concerning the patient’s identity.

Following Dr. Stinson’s deposition, plaintiff became aware of the patient’s identity, apparently due to Dr. Stinson’s inadvertent disclosure. Defendant then moved for a protective order. On August 1, 1989, the trial court issued a protective order which prevented plaintiff from contacting, deposing or disclosing the identity of the patient. A trial date of November 7, 1989, was then set. On November 8, 1989, defendant made an oral motion in limine seeking to exclude any testimony relating to the patient’s medical records. The court asked plaintiff to make an offer of proof before it ruled on defendant’s motion. Plaintiff informed the court that exhibit Nos. 11 through 19 contained the notes of the nurses who treated the nonparty patient. These exhibits contained part of the hospital records released to plaintiff pursuant to the trial court’s December 30,1988, order.

Plaintiff's offer of proof pointed out several instances of the patient’s conduct while at the hospital. Included among these instances were situations in which the patient drank cups of hot water, drank water from faucets and toilets, snuck coffee from the dietary cart, removed the IV needle, and was found in the lounge smoking a cigarette. The patient was also restless, was walking in the hallways, and refused to put on her hospital gown. In addition, the patient was agitated and had some “behavioral problems,” for which Xanax was prescribed. Based on these events, plaintiff contended that defendant should have known of what the patient “could perhaps do.”

The court then ruled that exhibit No. 11 would be admitted, but that Nos. 12 through 19 were inadmissible because they contained confidential information protected under the Mental Health and Developmental Disabilities Confidentiality Act (Mental Health Act) (Ill. Rev. Stat. 1987, ch. 91½, par. 801 et seq.). Plaintiff continued with a summary of the testimony for purposes of the offer of proof, after which defendant orally moved for a directed verdict. Defendant argued that plaintiff could not prove that the patient’s alleged assault of plaintiff was in any way foreseeable by defendant. Thus, defendant argued that it in no way acted negligently in failing to prevent the alleged assault. The trial court granted defendant’s motion, and this appeal followed.

Plaintiff first contends that the trial court erred in refusing to release the patient’s medical records for previous admissions at SwedishAmerican Hospital. Plaintiff argues that the records of the patient’s two previous hospital admissions were relevant on the issue of whether defendant had any prior knowledge of the patient’s violent tendencies.

Plaintiff points out that the trial court originally determined that she was entitled to all of the patient’s records while the patient was at SwedishAmerican Hospital. However, the court modified this decision following defendant’s motion to reconsider and ruled that only the records of the November 1983 admission, excluding seven pages, were discoverable.

Plaintiff’s production request was premised on section 8— 402 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 8 — 402) and Supreme Court Rule 201 (107 Ill. 2d R. 201). Section 8 — 402 of the Code provides, in pertinent part:

“The circuit courts shall have power, in any action pending before them, upon motion, and good and sufficient cause shown *** to require the parties, or either of them, to produce books or writings in their possession of power which contain evidence pertinent to the issue.” (Ill. Rev. Stat. 1987, ch. 110, par. 8— 402.)

In addition, Supreme Court Rule 201 provides that “discovery or inspection of documents or property” is obtainable. (107 Ill. 2d R. 201(a).) The rule goes on to state:

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Cite This Page — Counsel Stack

Bluebook (online)
564 N.E.2d 922, 206 Ill. App. 3d 437, 151 Ill. Dec. 467, 1990 Ill. App. LEXIS 1889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-swedishamerican-hospital-illappct-1990.