Johnson v. Dart
Johnson v. Dart
Opinion of the Court
U.S. Magistrate Judge, Susan E. Cox *580This case is a death action that arises under the Civil Rights Act of 1871 (
In the course of discovery, Plaintiff requested any and all "Mortality Review documents or other death investigation" documents from the Cook County Defendants (aka "The Medical Defendants") (known as "Defendants" for purposes of the instant motion) [dkt. 115, p. 2]. Defendants acknowledge that there is a Mortality Review, but contend that they should not be compelled to produce it because it is privileged pursuant to the Illinois Medical Studies Act, 735 ILCS 8/8-2101. Defendants filed a Motion for a Protective Order to this effect [dkt. 115] as requested by the Court after the discovery hearing of February 21, 2018 [dkt. 108]. The Court ordered Plaintiff to file a response brief, specifically addressing, inter alia , the particular factual circumstances that would demonstrate a "particularized need" or "compelling necessity" for the Mortality Review [dkt. 118]. The Court has also ordered an in camera inspection of the Mortality Report and has conducted the same
The Illinois Medical Studies Act provides in pertinent part:
All information, interviews, reports, statements, memoranda or other data of... allied medical societies... 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, shall be privileged, strictly confidential and shall be used only for medical research, the evaluation and improvement of quality care, or granting, limiting or revoking staff privileges....
735 ILCS § 5/8-2101. The Act further provides that such information "shall not be... discoverable in any action of any kind in any court or before any tribunal, board, agency or person." 735 ILCS § 5/8-2102. The Illinois Supreme Court has held that legitimate accreditation associations are "allied medical societies" under the Illinois Medical Studies Act.
The Illinois Medical Studies Act creates a state law claim of privilege (commonly known as the peer review privilege). On the other hand, " Federal Rule of Civil Procedure 26(b)(1) provides that parties may discover any matter not privileged *581which is relevant to the subject matter involved in the pending action. In cases based upon a federal cause of action, the federal common law governs issues of privilege, even where the complaint states pendant state law claims." Estate of Belbachir v. Cty. of McHenry ,
The Seventh Circuit has relied on two principles in determining whether to apply a state privilege in a federal question case:
First, because evidentiary privileges operate to exclude relevant evidence and thereby block the judicial fact-finding function, they are not favored and, where recognized, must be narrowly construed. Second... it is important to take into account the particular factual circumstances of the case in which the issue arises... [by] weigh[ing] the need for truth against the importance of the relationship or policy sought to be furthered by the privilege, and the likelihood that recognition of the privilege will in fact protect that relationship in the factual setting of the case."
Shadur ,
The purpose of the Illinois Medical Studies Act is "to ensure that members of the medical profession will effectively engage in self-evaluation of their peers in the interest of advancing the quality of health care." Roach v. Springfield Clinic ,
It is important to note that the Illinois Medical Studies Act was never intended to shield medical providers from potential liability, nor does it protect all information used for internal quality control purposes. Belbachir ,
*582Weiss v. Chester Cnty. ,
Here, the Court is persuaded by Plaintiff's argument that unique considerations dramatically weaken the case for recognizing the privilege in a post-death investigation ordered by a jail. See Jenkins v. DeKalb Cnty., Georgia ,
In additional to the above considerations related to mortality reviews conducted after inmate deaths, with respect to Norman Johnson in particular, it does not appear Plaintiff can obtain the information she seeks regarding the medical care (or lack thereof) provided to Norman Johnson from other sources such as the medical records over which Defendants do not assert a claim of privilege. See Accreditation Ass'n for Ambulatory Health Care ,
The very existence of The Joint Commission quality assurance review committee, and its evaluations and recommendations contained in the Mortality Review, are important in deciding the ultimate issue in the case-whether the Defendants were providing adequate medical care to inmates, including Norman Johnson. United States v. State of Ill. ,
*583Therefore, Defendants' Motion for a Protective Order [dkt. 115] is denied. Defendants are ordered to produce a copy of the Mortality Report to Plaintiff by 4/6/2018. Use and distribution of the Mortality Report shall be governed by the Confidential Matter Order entered by the Court on July 24, 2017 [dkt. 84], and Defendants shall mark the Report as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" per the terms of that Order.
This matter is set for status on May 1, 2018 at 9:30 a.m.
The Mortality Review document appears to be called "The Joint Commission Root Cause Analysis", but the Parties have been using the less-cumbersome title of Mortality Review, which the Court will continue to employ.
Plaintiff does not argue that Defendants do not qualify as an "allied medical society" under the statute and therefore the Court does not reach this issue.
Plaintiff's operative Complaint does contain a state law claim, over which we have retained supplemental jurisdiction in the interests of judicial economy.
Reference
- Full Case Name
- Marilyn JOHNSON v. Thomas DART
- Cited By
- 3 cases
- Status
- Published