After a plaintiff initiates a lawsuit, the matter typically proceeds to the discovery phase, during which the parties will request and produce information, evidence, and documents about the claim and the allegations. Although the process can be straightforward, there are often disputes and issues about whether a piece of evidence should be produced or not. As seasoned Chicago wrongful death lawyers, we have substantial experience navigating discovery issues. As a recent Illinois appellate opinion demonstrates, the resolution of discovery disputes can have serious consequences for a plaintiff’s claim.
In the case, the defendant claimed that certain documents that the plaintiff sought through discovery were confidential and should not be produced in discovery. According to the defendant, which was a hospital, the Illinois Medical Studies Act required the court to deny the plaintiff’s motion requesting that the court issue an order compelling production of the documents.
The plaintiff was admitted to the defendant’s hospital facility while she was 30 weeks pregnant. The baby was born on the same day but experienced a number of medical issues. She died shortly thereafter. The plaintiff initiated an inquiry into whether appropriate medical care was rendered, and an internal review process began. The review was coordinated by a designated liaison and involved commentary and analysis from other expert peer reviewers in the same specialty as the physician who treated the plaintiff and her baby.