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Doe v. Illinois Masonic Medical Center

June 01, 1998

JANE DOE AND JOHN DOE, INDIV. AND AS PARENTS AND NEXT FRIENDS OF BABY GIRL DOE, A MINOR, PLAINTIFFS-APPELLEES,
v.
ILLINOIS MASONIC MEDICAL CENTER, YURY VERLINSKY, CHARLES M. STROM, MELODY ANN WHITE, AND AARON S. LIFCHEZ, DEFENDANTS-APPELLANTS.



Justice Gallagher, Campbell, P.j. and O'mara Frossard, J. concur.

The opinion of the court was delivered by: Justice Gallagher

Appeal from the Circuit Court of Cook County.

Honorable Susan F. Zwick, Judge Presiding.

This case comes to us on interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308), and we respond to the following certified question:

"Whether the Institutional Review Board ('IRB') of the Illinois Masonic Medical Center, a duly constituted committee of the medical staff, is protected from disclosing and producing to plaintiffs the documents submitted for an in camera inspection to the Circuit Court of Cook County, including the entire file of the IRB and minutes from its meetings under: a) the peer review provisions, and b) the 'medical study' provisions of the Medical Studies Act. 735 ILCS 5/8-2101 (1996)."

We answer the question in the affirmative and reverse.

Defendant, Illinois Masonic Medical Center, had a research program designed to reduce the incidence of cystic fibrosis. The program involved a preimplantation genetic procedure whereby several ova would be removed from a female patient and tested for the cystic fibrosis gene. Only the healthy ova not containing the gene were to be fertilized and the resulting disease-free embryos would be implanted in the female patient.

Plaintiffs, Jane Doe and John Doe, are the parents of Baby Girl Doe, a child born with cystic fibrosis, after Jane Doe went through the above procedure. The Does have an older son with cystic fibrosis, which is why they originally sought the preimplantation genetic testing from defendants. This was still an experimental procedure and if it had been successful, Baby Girl Doe would have been the first child in the world born without cystic fibrosis under this research program.

The Does filed suit against multiple defendants and requested production of all of the documents relative to the preimplantation genetic testing procedure, including protocols, submitted to the Institutional Review Board, as well as the protocol finally approved by the IRB. Defendants objected, asserting that the requested documents were privileged under the Medical Studies Act. 735 ILCS 5/8-2101 (West 1996). After conducting an in camera inspection of the requested documents, the trial court ordered the defendants to produce most of the documents. The trial court subsequently granted defendants' motion for certification of the issue and this court granted their application for interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). The Illinois Hospital and HealthSystems Association was allowed to file its amicus curiae brief urging this court to reverse the trial court's order to disclose the documents.

This case involves the interpretation and application of the Medical Studies Act, which, at all times relevant, provided as follows:

"§ 8-2101. Information obtained. All information, interviews, reports, statements, memoranda, recommendations, letters of reference or other third party confidential assessments of a health care practitioner's professional competence, or other data of the Illinois Department of Public Health, local health departments, the Illinois Department of Mental Health and Developmental Disabilities, the Mental Health and Developmental Disabilities Medical Review Board, Illinois State Medical Society, allied medical societies, health maintenance organizations, medical organizations under contract with health maintenance organizations or with insurance or other health care delivery entities or facilities, tissue banks, organ procurement agencies, physician-owned inter-insurance exchanges and their agents, committees of ambulatory surgical treatment centers or post-surgical recovery centers or their medical staffs, or committees of licensed or accredited hospitals or their medical staffs, including Patient Care Audit Committees, Medical Care Evaluation Committees, Utilization Review Committees, Credential Committees and Executive Committees, or their designees (but not the medical records pertaining to the patient), used in the course of internal quality control or of medical study for the purpose of reducing morbidity or mortality, or for improving patient care or increasing organ and tissue donation, shall be privileged, strictly confidential and shall be used only for medical research, increasing organ and tissue donation, the evaluation and improvement of quality care, or granting, limiting or revoking staff privileges or agreements for services, except that in any health maintenance organization proceeding to decide upon a physician's services or any hospital or ambulatory surgical treatment center proceeding to decide upon a physician's staff privileges, or in any judicial review of either, the claim of confidentiality shall not be invoked to deny such physician access to or use of data upon which such a decision was based." (Emphasis added.) 735 ILCS 5/8-2101(West 1996).

It is well settled that the "cardinal rule of statutory construction, to which all other canons and rules are subordinate, is to ascertain and give effect to the true intent and meaning of the legislature." Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc., 158 Ill. 2d 76, 81, 630 N.E.2d 820, 822 (1994). The best indication of the legislature's intent is the statutory language itself. Solich, 158 Ill. 2d at 81, 630 N.E.2d at 822. Here, the language of the statute in issue is clear.

The supreme court, in Niven v. Siqueira, 109 Ill. 2d 357, 487 N.E.2d 937 (1985), focusing on the language of the Act, decided that documents in the possession of the Joint Commission on Accreditation of Hospitals relating to accreditation of a hospital were privileged. The court stated that "[t]he purpose of the Act is to encourage candid and voluntary studies and programs used to improve hospital conditions and patient care or to reduce the rates of death and disease." Niven, 109 Ill. 2d at 366, 487 N.E.2d at 942.

Applying this standard, as articulated in Niven, to the present case, it is clear the Act applies to the materials in question. In addition to protecting all information used in the course of "internal quality control," the Act's plain language expressly protects all information used in the course of "medical study." Statutes should be construed so that no term is rendered superfluous or meaningless. Niven v. Siqueira, 109 Ill. 2d 357, 365, 487 N.E.2d 937, 942 (1985). Therefore, ...


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