Illinois Court: Can Medical Malpractice Plaintiff Can Access Hospital Records Before Filing Suit?

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In Zangara v. Advocate Christ Medical Center, 2011 WL 2342736, the Appellate Court of Illinois, First District, the plaintiffs contracted methicillin-resistant staphylococcus aureas (MRSA) while patients at Advocate. One person died and the other survived. The medical malpractice lawsuits filed on their behalves alleged that the defendant was negligent in its management of infection and infection-control procedures.

At issue on appeal was whether the trial court improperly concluded that certain information requested by the plaintiffs in support of their claim was privileged under the Medical Studies Act (735 ILCS 5/8–2101 (West 2008)) (Act) and thus did not have to be provided to the plaintiffs at that stage of litigation.

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