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09/22/88 Kimberly Willing, v. St. Joseph Hospital Et Al.

September 22, 1988

KIMBERLY WILLING, PLAINTIFF-APPELLEE

v.

ST. JOSEPH HOSPITAL ET AL., DEFENDANTS (JENNIFER A. MIDLOCK, CONTEMNOR-APPELLANT)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

531 N.E.2d 824, 176 Ill. App. 3d 737, 126 Ill. Dec. 197 1988.IL.1402

Appeal from the Circuit Court of Cook County; the Hon. Thomas R. Rakowski, Judge, presiding.

APPELLATE Judges:

JUSTICE JOHNSON delivered the opinion of the court. JIGANTI, P.J., and McMORROW, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE JOHNSON

This is an appeal from the order of the circuit court of Cook County finding Jennifer A. Midlock, counsel for defendants, St. Joseph Hospital, Charlotte Dennee, CST, and Julie Antioho, R.N., in contempt of court for failure to comply with the court's order to produce certain documents. Contemnor raises the following issues on appeal: (1) whether the documents ordered to be produced are privileged under sections 8-2101 and 8-2102 of the Code of Civil Procedure (the Medical Studies Act) (Ill. Rev. Stat. 1983, ch. 110, pars. 8-2101, 8-2102); and (2) whether the documents requested, which are dated after the alleged malpractice, are discoverable.

We affirm.

On July 3, 1984, Kimberly Willing, plaintiff, filed a medical malpractice suit against defendants, St. Joseph Hospital (hereinafter the Hospital), Victor V. Kitt, M.D., Charlotte Dennee, CST, and Julie Antioho. By amendment, Gabriel Angres, M.D., and George Podlusky, M.D., were added as defendants. Plaintiff's amended complaint alleged, in part, that defendant Hospital negligently extended surgical privileges to defendant Dr. Kitt and negligently authorized him to perform surgery on her on July 30, 1982.

During discovery, plaintiff served interrogatories on defendant Hospital. The interrogatories inquired into the privileges extended to Dr. Kitt, including any imposed restrictions or revocations. Information was also requested concerning the Hospital's knowledge of any lawsuits or claims, not resulting in lawsuits, filed against Dr. Kitt. In response to the interrogatories the Hospital produced Dr. Kitt's privilege card and stated that there were no restrictions placed upon him as of July 30, 1982, other than what appears on the privilege card. The Hospital further stated that it had no knowledge of any other restrictions imposed on Dr. Kitt by other medical institutions. However, defendant Hospital was aware of certain lawsuits filed against him, but not of any claims that did not result in lawsuits made prior to July 30, 1982.

Plaintiff also served subpoenas on the following nonparties: Alexian Brothers Medical Center, St. John's Hospital, Memorial Medical Center, Sherman Hospital, and the University of Chicago Hospital and Medical School. The subpoenas requested that the following documents be produced:

1. Any and all materials maintained on Dr. Kitt, including but not limited to his entire credentials file, applications for appointment to staff, applications for specific privileges, references, transcripts, reappraisals, evaluations, recommendations, initial privileges, restrictions to privileges, revocation of privileges, letters of resignation or withdrawal.

2. The written criteria or standards which must be satisfied for granting each category of privilege granted to Dr. Kitt.

3. Any and all written rules; regulations, policies or procedures for medical doctors on staff for the departments of surgery, plastic surgery and otolaryngology.

Dr. Kitt, Sherman Hospital, St. John's Hospital, and Memorial Medical Center objected and moved to quash the respective subpoenas. They claimed the requested documents are privileged, pursuant to the Medical Studies Act (Ill. Rev. ...


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