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Reviewing Important Illinois Healthcare Court Rulings: Lack of Privileges to Perform Procedure Inadmissible to Prove Breach

We continue our look at recent Illinois court rulings impacting health care, with a review of Arient v. Alhaj-Hussein, 2017 IL App (1st) 162369.

In this case, plaintiffs sought damages from defendant physician and his employer after the patient became paraplegic following a celiac plexus block procedure. Plaintiff attempted to present evidence that defendant physician lacked privileges to perform a celiac plexus block and therefore breached the standard of care. The Court held that evidence of defendant physician’s lack of privileges was inadmissible as there was no statute requiring him to obtain privileges before performing such a procedure. Furthermore, whether defendant physician possessed privileges to perform the procedure was irrelevant as such evidence did not tend to make the allegation that he deviated from the standard of care more or less probable.

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