Valfer v. Evanston Northwestern Healthcare

Illinois Supreme Court
Civil Court
Illinois Hospital Licensing Act
Citation
Case Number: 
2016 IL 119220
Decision Date: 
Thursday, May 19, 2016
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court affirmed; appellate court affirmed.
Justice: 
THOMAS

Physician filed suit against hospital, based on revocation of his privileges to practice at hospital after peer review conducted pursuant to Hospital Licensing Act. Section 10.2 of Act immunizes a hospital and those involved in its quality reviews from civil damages only, and then only if the review was undertaken based on the actual purpose specified by the Act, to maintain or improve quality of health care. Only those tort actions that allege physical harm are subject to "wilful and wanton misconduct" language of Licensing Act. Section 10.2 immunity is only afforded in cases where purpose of decision or action by hospital is internal quality control or improving or benefiting of patient care and treatment, or for purpose of professional discipline.(GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)