An appeals panel has reinstated a lawsuit, which claimed a man's Chicago attorneys improperly publicized his mental health history after winning a $4 million medical malpractice case for him.
In the decision, the appellate justices found that a direct therapeutic relationship between the attorneys and their client is not necessary for the man to pursue his suit.
The Oct. 7 decision was written by Justice Maureen Connors, with concurrence from Justices Mathias Delort and Joy Cunningham, of Illinois First District Appellate Court. The decision favored the plaintiff, identified as John Doe, in his 2017 action against the Chicago firm of Burke, Wise, Morrissey & Kaveny.
Doe tried to kill himself while a patient at Advocate Good Samaritan in Downers Grove, leaving him with injuries, according to court papers. Doe sued the hospital and others in 2009 for malpractice, with a jury awarding him $4 million in May 2015.
Doe's attorneys, Burke, Wise, Morrissey & Kaveny, then issued a press release on the case and one of the firm's attorneys, Elizabeth Kaveny, commented on the suit for an article in the Chicago Daily Law Bulletin. The release and article both mentioned Doe by his real name and included his mental health history. Information in the article was also later in other publications.
Doe sued in Cook County Circuit Court, alleging the Burke firm violated the Illinois Mental Health and Developmental Disabilities Confidentiality Act, by publicizing his mental history.
Judge Margaret Brennan dismissed the suit in September 2021, determining a therapeutic relationship was needed for the Act to apply, and besides, the information had already been made public during the malpractice trial.
On appeal, Justice Connors said the Act was clear that a therapeutic relationship was not necessary.
"That defendants themselves were not providing Doe with mental health services does not relieve them of potential liability," Connors noted.
Connors pointed out Doe gave permission to his attorneys to disclose his mental health information to pursue litigation against the hospital, but that permission was limited to that purpose. The attorneys needed new permission to disclose that information outside the courtroom, Connors said.
Doe testified about his mental health at the trial, but in doing so, did not waive his protection against further disclosure, Connors said, adding: "Defendants’ alleged subsequent broadcast of Doe’s mental health history appears to be beyond the bounds of that proceeding."
Connors sent the case back to circuit court for further proceedings.
Doe has been represented by Ronald L. Bell, of Ronald L. Bell & Associates, of Libertyville, as well as by Perl & Goodsnyder, of Chicago.
Burke, Wise, Morrissey & Kaveny have been defended by the firm of Hinshaw & Culbertson, of Chicago.