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Attorneys Author IDC Quarterly Articles

02/15/2019

The Fourth Quarter issue of the 2018 IDC Quarterly journal features four articles written and co-written by Heyl Royster attorneys.

The feature article, “Eavesdropping – Easier Than Ever!” was written by  Michael Denning. In this article, he references the 2014 case of People v. Clark. After this case, the Illinois legislature passed a new eavesdropping statute allowing for people to record communications in public places as long as there is consent from all parties involved. The article concludes, “recorded communications are becoming increasingly more common in today’s society. The discoverability and use of illegally obtained recordings in the doctor/patient setting are issues that seem almost certain to arise with the advent and prevalence of the smart phone.”

In the Health Law column, Roger Clayton, and Emily Perkins authored, “Certain Patient Records Deemed Privileged Under Patient Safety Act.” In their column, the authors discuss the Illinois Appellate Court (1st Dist.) ruling in the case of Daley v. Teruel. In this case, the plaintiff requested incident reports and complaints from the hospital. The appellate court concluded that the “reports constituted privileged patient safety work product under the Patient Safety Act because documents were prepared for a PSO, were reported to a PSO, and otherwise met the statutory requirements to qualify as patient safety work product.” Clayton and Perkins conclude, “the Daley decision is an encouraging one for defense counsel because it limits a plaintiff’s access to confidential documents and reports generated for a PSO.”

Brian Smith published, “Thompson v. Cope: A Victory for State Actor Medical Providers in a Landscape of Eroding Immunities,” as the Civil Rights Update column. In this case, he focuses only on the Section 1983 claim for excessive force. The United States Court of Appeals Seventh Circuit granted qualified immunity to the defendant saying, “the Fourth Amendment context emphasizes the different roles of law enforcement and medical personnel in arrest situations where medical intervention is required for the safety of both the arrestee and the arresting officers, regardless of whether the intervention assisted in the arrest itself.”

Patrick Cloud co-authored this issue’s Monograph, “Insurer Exposure to Extracontractual Liability: An Overview.” The article states, “insurer exposure to extracontractual liability is an inherent part of the Illinois insurance law. It can arise from common law theories, such as bad faith failure to settle. It also finds roots in Illinois statutes, such as Section 155 of the Illinois insurance code.” No matter the source, it is critical that insurance law practitioners have “a  firm grasp on the nuances of these legal theories because they can significantly alter an insurer’s exposure to liability and the scope of a policy holder’s recovery.”

John Heil is an IDC Board member and chair of its Civil Practice Committee. Mark McClenathan is also on the IDC’s Board of Directors. Craig Unrath is chair of IDC’s Amicus Committee, and Patrick Cloud is Vice-Chair of the Insurance Law Committee.