Does High Court Decision Hurt Petrillo Doctrine?
By Robert Clifford In what first appears to be a severe blow to the Petrillo doctrine the Illinois Supreme Court recently held that hospital malpractice defense lawyers can communicate ex parte with all hospital personnel about a patient’s medical negligence action. Burger v. Lutheran General Hospital, Docket No. 89643, 44 (consolidated),____Ill. 2d___(decided Oct. 18, 2001). Doris Burger went to a hospital emergency room, complaining of a leg injury. After a few hours, she was treated and released. The following day she returned to the hospital and required intravenous antibiotics. Three days later her leg had to be amputated. Burger filed a medical malpractice action against four doctors, the hospital and the hospital’s parent corporation. She subsequently sought injunctive relief to bar ex parte communications between the hospital’s malpractice defense counsel and those members of its medical staff, agents, and employees who provided health care to the plaintiff that were not named
