Civil contempt ruling a victory for privilege and a rebuke of the state

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Goldberg Segalla focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted September 8, 2021 10:40 AM

In what may be a decision of national first impression, the 3rd District Illinois Appellate Court, in People v. Gomez-Ramirez, 2021 IL App (3d) 200121, has vacated a judgment of civil contempt entered against AMITA Health Adventist Medical Center Bolingbrook and Alexian Brothers-AHS Midwest Region Health Company (collectively “Amita”). Amita refused to turn over medical records subpoenaed by the government in a criminal matter because before the trial the patient’s consent was not provided and there was no evidence of the …

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