Below is the outline of a case where the court got it right. An elderly gentleman whose family is paying for long-term assisted living, is injured in a fall. There are plenty of witnesses to what happened. SO what does the nursing home do? They take statements of the witnesses and the employees and then they try to hide those statements claiming they’re part of a medical study or some other protected action. In essence, there are 6 witnesses to how this man was dropped and injured but they don’t want to have to give the names or statements to anyone. That’s nonsense. It’s sneaky. It’s a lawyer trick and I’m glad the court saw through it!
Lindsey v. Butterfield Health Care II, Inc., 2017 IL App (2d) 160042 (February 9, 2017) DuPage Co. (SCHOSTOK) Affirmed in part and vacated in part; remanded.
Plaintiff, as guardian of 88-year-old nursing home resident, filed suit for negligence after resident sustained injuries in fall at nursing home. Court properly ordered that disputed documents (report completed by nursing home employees about injury and 6 witness statements completed during internal investigation) were not privileged under Medical Studies Act or Long-Term Care Quality Assurance Act. Documents were created in ordinary course of nursing home's business are not privileged under either Act. (HUDSON and SPENCE, concurring.)