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REDA v. ADVOCATE HEALTH CARE

No. 90487.

765 N.E.2d 1002 (2002)

199 Ill.2d 47

262 Ill.Dec. 394

Emilio REDA et al. (Susan Capra, Contemnor-Appellant), v. ADVOCATE HEALTH CARE et al., Appellees.

Supreme Court of Illinois.

February 22, 2002.

Attorney(s) appearing for the Case

Robert P. Sheridan, Chicago, for appellant.

Cassiday, Schade & Gloor, of Chicago (James W. Kopriva, Donald F. Ivansek and Morgan M. Strand, of counsel), for appellees Lutheran General Hospital and T. Cappello.

Iwan, Cray, Huber, Horstman & VanAusdal, L.L.C., of Chicago (James K. Horstman and Rodney E. VanAusdal, of counsel), for appellee Melvin P. Katz.

Hegarty & Heath, of Chicago (Timothy W. Heath, of counsel), for amicus curiae Illinois Trial Lawyers Association.

Justice FREEMAN delivered the opinion of the court:

During discovery in a medical malpractice action, the circuit court of Cook County twice ordered plaintiffs, Emilio and Mary Reda, to disclose Emilio's psychiatric records to defendants, Advocate Health Care, formerly doing business as Lutheran General Hospital, Inc. (hospital); Dr. Theresa Cappello; and Dr. Melvin Katz. Plaintiffs' attorney, Susan Capra, refused, invoking the mental health therapist-patient privilege...

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