Lindsey v. Butterfield Health Care II, Inc.

Illinois Appellate Court
Civil Court
Medical Studies Act
Citation
Case Number: 
2017 IL App (2d) 160042
Decision Date: 
Thursday, February 9, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
SCHOSTOK

Plaintiff, as guardian of 88-year-old nursing home resident, filed suit for negligence after resident sustained injuries in fall at nursing home. Court properly ordered that disputed documents (report completed by nursing home employees about injury and 6 witness statements completed during internal investigation) were not privileged under Medical Studies Act or Long-Term Care Quality Assurance Act. Documents were created in ordinary course of nursing home's business are not privileged under either Act. (HUDSON and SPENCE, concurring.)