157 Ill. App. 3d 1 - Karsten v. McCray’s Empirical Analysis

Citation profile

56 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Discussion of the patient’s confidences under circumstances other than through formal discovery is potentially harmful to the interests of the patient in that the physician might disclose intimate facts regarding the patient which are unrelated and irrelevant to the mental or physical condition placed at issue in the lawsuit. [Citation.] A plaintiff should be allowed to protect his physician-patient privilege before it is compromised. Requiring utilization of formal discovery procedures places the plaintiff in a position to object to irrelevant inquiries. Court supervision would protect the interests of both parties.” (Emphasis in original.) ( 157 Ill. App. 3d at 14 .)”

   2 later decisions quote this exact passage · from the majority
   e.g. 207 Ill. App. 3d 337 - Young v. Makar · 179 Wis. 2d 297 - Wikrent v. Toys" R" US, Inc.

2. ““The Petrillo court held that the public policy in protecting the confidences of the physician-patient relationship strongly favored control over a defendant’s right to interview a plaintiff’s treating physician. [Citation.] The court stated that this public policy was reflected in the code of ethics adopted by the medical profession and the fiduciary relationship which exists between a patient and his treating physician. [Citation.] Although the court recognized that by filing a lawsuit, a plaintiff implicitly consents to his physician releasing medical information related to the condition he has placed at issue, it stated that this implicit consent is necessarily limited to the release of relevant information pursuant to court-authorized discovery. [Citation.] The court concluded that any discussions between defense counsel and a plaintiff’s treating physician should be conducted pursuant to the rules of formal discovery only. [Citation.] We believe that the reasoning and holding of Petrillo is sound, and we adopt it here. While Petrillo did not expressly state that the fruits of such unauthorized interviews should be barred from being introduced, allowing such testimony to stand would render the Petrillo holding hollow and meaningless. We therefore further hold that barring the testimony of a plaintiff’s treating physician is an appropriate sanction to protect the physician-patient privilege from defense interviews outside formal discovery. While an order barring the testi”

   1 later decision quote this exact passage · from the majority
   e.g. 198 Ill. App. 3d 332 - Roberson v. Liu