KUNZ v. SOUTH SUBURBAN HOSP.

No. 1-99-2052.

761 N.E.2d 1243 (2001)

326 Ill. App.3d 951

260 Ill.Dec. 687

Sharon KUNZ and Karl Kunz, as Parents and Next Friends of Kurt Kunz, a Minor, Plaintiffs-Appellants, v. SOUTH SUBURBAN HOSPITAL and Neil Levie, Defendants-Appellees (Bruce R. Pfaff, Contemnor-Appellant).

Appellate Court of Illinois, First District, Second Division.

December 24, 2001.


Attorney(s) appearing for the Case

Bruce R. Pfaff & Associates, Ltd., Chicago (Bruce R. Pfaff, of counsel), for Appellants.

Robert Marc Chemers, Edward H. Nielsen and Scott L. Howie, Pretzel & Stouffer, Chartered (Robert Marc Chemers and Scott L. Howie, of counsel), for Appellees Gilbert, Lipschutz and Radiology Imaging Consultants.

Price Tunney Reiter & Bruton, Chicago, for Appellee Levie.

Anderson, Bennett & Partners, Chicago, for Appellee Ingalls Memorial Hospital.


Justice CAHILL delivered the opinion of the court:

We address a discovery issue in this appeal that implicates the physician-patient privilege. The question before us is whether a parent who files a medical malpractice action on behalf of one child may, by answering certain questions and raising certain issues in the course of discovery, waive the physician-patient privilege that shields the medical records of her other children. The defendants in this case persuaded...

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