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Illinois Hospital Loses Discovery Row Over Witness’s Records

Nov. 20, 2020, 2:03 PM

A woman suing her medical providers over injuries she allegedly received during robotic surgery stopped them from accessing a diagnostic test report prepared by a doctor originally designated as an expert witness, because she timely redesignated him as a nontestifying consultant, Illinois’ top court said.

Illinois’ discovery rules shielded the witness’s electromyogram report and nerve conduction study from discovery in Alexis Dameron’s medical malpractice action, the Illinois Supreme Court said. Dameron alleged she suffered nerve injuries due to improper positioning during a robotic-assisted hysterectomy at Mercy Hospital and Medical Center.

The discovery controversy arose when Mercy and the individual physician...

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