| FMGR’s appellate practice group recently prevailed in a matter where FMGR was retained to seek Illinois Supreme Court review of an appellate court decision. Bagent v. Blessing Care Corporation (224 Ill.2d 154, 862 N.E.2d 985 (2007)) was a case of first impression where the Illinois appellate court held a hospital liable for the acts of an off duty employee. FMGR appellate practice counsel, Kara Jones, was retained for the purpose of seeking Illinois Supreme Court review of that decision, as well as presenting the hospital’s case on review. The Illinois Supreme Court granted our client’s petition for leave to appeal, even though only 2-5% of such petitions are typically granted. Following briefing and oral argument by FMGR, the Illinois Supreme Court reversed the appellate decision against our client. The court held that a hospital was not vicariously liable for the unauthorized disclosure of confidential patient medical information by an off-duty healthcare worker to a third party because that disclosure was outside the scope of her employment. |
