Kirkland v. Siglove (Summary)

PHYSICIAN-PATIENT PRIVILEGE

Kirkland v. Siglove, No. 11 C 7285 (N.D. Ill. Feb. 26, 2013)

The United States District Court for the Northern District of Illinois denied a medical group’s request that it be permitted to speak with other physicians who were employed by the group and who had treated a patient who was suing the group for alleged malpractice.

The patient argued that granting such a request would invade the physician-patient privilege established with the other treating physicians.  The district court held that state law prohibited such “ex parte” communication, even when the other treating physicians are employed by the same clinic. The ethical obligations of a physician to safeguard patient confidentiality take precedent. Filing a lawsuit only implies that a patient has consented to the release of his or her medical information through discovery, not to third-party discussions in an ex parte conference.

The district court also stated that it was not an automatic conclusion that the trial court would allow the patient to change his allegations in an amended complaint.  The court held the discretion on whether or not to allow this. The district court gave the patient 60 days to amend his complaint if he intended to do so, agreeing to give the medical group additional time for discovery.