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BERGLAND v. DEPARTMENT OF PUBLIC HEALTH

No. 3-07-0242.

892 N.E.2d 1076 (2008)

382 Ill. App.3d 519

Elizabeth S. BERGLAND, Plaintiff-Appellant, v. The DEPARTMENT OF PUBLIC HEALTH and Rosewood Care Center of Moline, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Special Concurring Opinion Upon Denial of Rehearing May 29, 2008.

Attorney(s) appearing for the Case

Dean L. Sutton (argued), Silvis, for Elizabeth S. Bergland.

Lisa Madigan, Attorney General, Chicago (Michael A. Scodro, Solicitor General, and Mary C. Labrec (argued) and Sharon A. Purcell, Assistant Attorneys General, of counsel), for Illinois Dept. of Public Health.

Daniel L. Maher, Springfield, for Rosewood Care Center.

Justice O'BRIEN delivered the opinion of the court:

Plaintiff Elizabeth Bergland sought administrative review of defendant Illinois Department of Public Health's (IDPH) grant of summary judgment in favor of defendant Rosewood Care Center, which denied Bergland copies of her mother's health care records. The trial court affirmed IDPH's decision, finding that Rosewood's refusal to provide the records was proper under both...

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