Wickersheim v. Broderick

Summary

The Illinois Appellate Court, First District, reviewed whether 14 pages from a hospital credentialing file were privileged under the Medical Studies Act. The court held that the hospital failed to establish the privilege as to those documents, but vacated the related civil contempt finding and monetary penalty.

Holdings

1. Sherman Hospital failed to meet its burden of establishing that the 14 pages were information initiated, created, prepared, or generated by a committee engaged in the peer-review process. The circuit court therefore did not err in ordering their production.
2. A trial court properly may require affidavits or other factual support establishing the basis for a Medical Studies Act privilege claim. The appellate court did not authorize a procedure under which a party may submit hundreds or thousands of pages for in camera review without affidavits or sufficient factual information.
3. The civil-contempt order and monetary penalty against Sherman Hospital were vacated.

Questions Presented

1. Whether Sherman Hospital established that 14 pages of credentialing-related records were privileged under the Illinois Medical Studies Act.
2. Whether a party may establish a Medical Studies Act privilege claim by submitting hundreds or thousands of pages for in camera review without affidavits or other factual support.
3. Whether the civil-contempt order and escalating monetary penalty against Sherman Hospital should be vacated when the hospital sought contempt in good faith to obtain immediate appellate review of the discovery ruling.

Disposition

other