Illinois Appellate Court reversal good news for hospital patients who acquire MRSA

We at Romanucci & Blandin applaud a recent Illinois Appellate Court opinion that reversed a lower court’s decision, making it easier for all hospital patients who contract methicillin-resistant Staphylococcus aureus (MRSA) to obtain medical records to pursue legal action.

The Court’s review arose from a case in which our firm represented two families whose breadwinners contracted MRSA at Advocate Christ Medical Center. One of the patients died.

In its ruling, the court rectified the injustice of the Circuit Court of Cook County by holding that information regarding MRSA rates in a hospital is not privileged under the Medical Studies Act. The decision requires the hospital to produce the information to the plaintiffs so that the deceased’s families may proceed with their claims.

MRSA has become a national crisis, and hospitals have been slow and unequal in their response. They can no longer hide behind the Medical Studies Act. The case is significant to Romanucci & Blandin’s efforts to ensure that hospitals are taking action to prevent the deadly spread of MRSA throughout Chicago-area hospitals.

The decision will have a positive and significant impact on the rights of victims of medical malpractice. Because of this, it will be up to the juries to decide whether or not a hospital took adequate steps to combat MRSA outbreaks.

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