Clifford Law Offices Obtains Victory For Patients' Privacy Rights

Portions of a recently enacted law invading the privacy rights of hospital patients were ruled unconstitutional today (Wed., May 10) in Cook County Circuit Court. 

Judge Joseph N. Casciato found unconstitutional parts of the amendments to the Hospital Licensing Act [210 ILCS 85/6.17(d), (e) and (h)] that took effect Jan. 1. It allowed hospital lawyers and risk management workers to talk to patients' doctors about the defendant physician's care without the patients' knowledge while a medical malpractice lawsuit was pending.

Keith Hebeisen , partner at Clifford Law Offices, participated on behalf of patients in the writing of briefs and arguing the case along with co-lead counsel Bruce Pfaff, a Chicago attorney.

The 12-page opinion stated that statute was "constitutionally problematic." It went on to explain how the "broad language" of the law allowed "total disclosure of the nature or details of service by a hospital's staff or agents to their institution's risk management personnel."

Hebeisen said after the opinion was handed down, "I am gratified that the court held as unconstitutional allowing opposing legal counsel of hospitals to secretly discuss the facts of any care or treatment provided to a patient with employees or any affiliated hospital personnel at any time and in any fashion. The circuit court held that such overly broad and unconstitutional acts violate every individual's right to privacy in this state. These rights are too precious to be disregarded for the self-serving purpose of secretly meeting with doctors of an innocent patient."

The court also recognized the law s provisions as "substantive, unjustified invasions of privacy."

All pending cases which have been affected by this unconstitutional statute are impacted by this ruling and the court stated that such unconstitutional actions by hospital personnel or their attorneys are to be prohibited.