Illinois Appeals Court Protects Hospital Counsel's Right to Speak with Former Agents of Hospital

For attorneys who represent hospitals in medical malpractice cases, dealing with nursing witnesses who have retired or relocated can be difficult. In addition to the practical issues of finding these witnesses, contacting them and communicating with them remotely, potential legal issues can further complicate circumstances. For example, opposing counsel may take issue with attempts to contact such witnesses under the broad prohibition against defense attorneys communicating with treating witnesses (known as the Petrillo doctrine). Opposing counsel may also seek the exact nature and content of such communication and challenge the existence of any privilege protecting it. While in most cases these issues can be resolved informally among the attorneys, hospital attorneys should keep the case of Caldwell vs. Advocate Condell Medical Center, 2017 IL App (2d) 160456 (Oct. 4, 2017) at ready reference in case they cannot. More ›