Strong Law Offices
Illinois Workers’ Comp and Injury Lawyers
Toll Free 866-606-7862
Peoria 309-740-9092
Springfield 217-340-0036
Bloomington 309-226-4427
Decatur 217-877-6602
Main Menu
Get Strong

Posts tagged "Medical Malpractice"

Hospital-Patient Incident And Risk Reports May Not Be Discoverable In Illinois Medical Negligence Claims Against Hospitals, Physicians, and Medical Professionals

On June 28, 2018, the First District Illinois Appellate Court in the case of Daley v. Teruel and Ingalls Memorial Hospital, 2018 IL App (1st) 170891 reversed an earlier ruling in the trial court that ordered the production of incident reports. The Appellate Court ruled instead that the Patient Safety and Quality Improvement Act (42 U.S.C. §299b-21 et seq. (2012)) and Illinois Medical Studies Act (735 ILCS 5/8-2101 et seq. (2016) provided privilege for incident and risk reports because they are created as "patient safety work product". The Court's ruling found that both the U.S. Congress and Illinois Legislature had created a "safe haven" to analyze voluntarily created materials to improve patient outcomes and patient safety. Therefore, reports and materials intended to be submitted to certified-Patient Safety Organizations are privileged from being turned over in discovery in civil litigation regarding patient claims of medical negligence.

SECTION 12 Examinations, Otherwise Known as the IME

You have been injured at work. Your employer is paying your medical bills. Your doctor has taken you off of work, and you are receiving your TTD (Temporary Total Disability) payments regularly and on-time. Your case is moving along fine, but your pain is not improving, and now your doctor wants you to have surgery. You then receive a letter from your employer's Workers Compensation insurance carrier, and they are requesting you to drive 150 miles to see a doctor you have never been to before. They are also telling you that until this examination is complete and they have received the findings from the doctor, they are not willing to authorize the recommended surgery. 

Email Us For A Response

Contact Strong Law

Contact our lawyers at 866-606-7862 to schedule a free initial consultation from our Peoria, Bloomington, or Springfield offices. We are also available to meet at your home or at the hospital by request.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy