Abstract
Medical negligence lawsuits are fairly considered occupational hazards. Illinois is not a tort reform state; therefore, physicians and hospitals here are rather routinely confronted with this litigation. During the pre-trial discovery process, defendant physicians and hospitals (and non-party discovery respondents) are required to respond to discovery requests seeking information that the respondents may believe is confidential, pursuant to the Illinois Medical Studies Act (MSA). This Article endeavors to explore the legislative history of the MSA and its jurisprudence. The Article also cautions the reader that the MSA is subject to contradictory interpretations by Illinois courts insofar as Illinois does not recognize horizontal stare decisis. The Article concludes with a discussion of the process to invoke the MSA and closing comments regarding the scope of MSA coverage.
Recommended Citation
Marc D. Ginsberg,
The Illinois Medical Studies Act: A Practical Guide to Its Understanding and Application,
48
S. Ill. U. L.J.
545
(2024).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss4/5