An Illinois Appellate court has ruled that a trial judge did not abuse her discretion by ruling that not all hospital documents are protected from discovery by either the state's Medical Studies Act or attorney-client privilege. Chicago Trust Co. v. Cook County Hospital,Mp/ 1-97-3233 (Ill. Ct. App. 1st Dist. July 30). The patient had been admitted to the defendant hospital and placed on a ventilator. When the ventilator was disconnedted accidentlally, he went into a coma and suffered brain damage, which rendered him quadriplegic and unable to speak. His guardians sued the pospital and requested certan documents. The hospital objected to 28 of the documents, claiming that they were protected by the Medical Studies Act and attorney-client privilege. The trial judge ordered the production of nine of these documents, saying they were not protected. The hospital refused and was held in contempt. On appeal, the court said that the purpose of the Medical Studies Act is to encourage voluntary studies on ways to improve medical treatment; as such, peer review documents would be protected; however, the court ruled that documents generated before a peer review process began, or those generated during routine hopital operations, would not be protected.
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