Evers v. Edward Hosp. Ass'n

• Decision Date: 09 July 1993
• Docket Number: No. 2-92-1204,2-92-1204
• Parties: , 187 Ill.Dec. 490 Hans EVERS, Plaintiff-Appellant, v. EDWARD HOSPITAL ASSOCIATION, d/b/a Edward Hospital, et al., Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 1211

617 N.E.2d 1211

247 Ill.App.3d 717, 187 Ill.Dec. 490

Hans EVERS, Plaintiff-Appellant, v. EDWARD HOSPITAL ASSOCIATION, d/b/a Edward Hospital, et al Defendants-Appellees.

No. 2-92-1204.

Appellate Court of Illinois,

Second District.

July 9, 1993.

Rehearing Denied Aug. 20, 1993.

Martin B. Lowery, Naperville, for Hans Evers, M.D.

Katten, Muchin & Zavis, Lawrence H. Lenz, Jr., argued, Laura R. Keidan, Michael R. Callahan, Katten, Muchin, Zavis, Pearl, Greenberger & Galler, Chicago, for Edward Hosp. Ass'n, Board of Directors, Pamela K. Meyer, and Edward Hospital District.

Justice UNVERZAGT delivered the opinion of the court:

Plaintiff, Hans Evers, M.D., appeals from a circuit court of Du Page County judgment which dismissed his complaint in its entirety and denied his motion for sanctions. Defendants are the Edward Hospital Association (EHA); EHA's board of directors (Board); EHA's president and chief executive officer, Pamela K. Meyer (Meyer); and the Edward Hospital District (EHD), a municipal corporation (collectively defendants). For convenience, we will use "hospital" to refer to EHA, Meyer or other EHA officials when the individual identity of the actor is immaterial.

The suit arose after: (1) the hospital declined to evaluate plaintiff's application for medical staff membership because the hospital deemed the application incomplete; (2) the hospital determined that plaintiff was not entitled to any hearings or appellate review on the matter; and (3) the hospital denied plaintiff's request for a copy of the credentials file related to plaintiff's application.

On appeal, plaintiff contends that: (1) the trial court erred in dismissing his complaint; (2) the trial court erred in staying portions of plaintiff's discovery requests; and (3) the trial court erred in ruling that plaintiff's motion for sanctions was moot. We will consider plaintiff's additional contentions regarding property or liberty interests and dissemination of information in the credentials file in conjunction with the foregoing contentions.

The facts, as gleaned from the pleadings, are as follows: Plaintiff, a physician duly licensed to practice medicine in the State of Illinois, applied for appointment to the hospital medical staff by letter and attachments, including an application form, dated February 1, 1990. Plaintiff practices medicine in Naperville. Edward Hospital is located in Naperville and is the only hospital in Naperville.

The application form which plaintiff submitted indicated that as part of the application process the hospital would have to evaluate plaintiff's professional competence and other qualifications. The application form also provided:

"It will be necessary to investigate my professional training, experience, and professional conduct and judgment; accordingly, it will be necessary to inquire of other persons and institutions, including medical schools, hospitals, medical societies, professional liability insurance carriers, individual practitioners, and other appropriate sources, as to information regarding my qualifications. * * * I recognize that all evaluations, inquiries and responses to inquiries regarding my professional competence and qualifications shall be carried out in a professional and ethical manner, with due regard for appropriate confidentiality of the information in issue.

I also recognize that I will be afforded the fair procedure prescribed in the Medical Staff Bylaws in the event that action on this application, or with respect to my privileges is adverse. Recognizing these facts, I specifically agree and consent to the following:

a) To appear, if requested, before the hospital president, medical staff officers, department and service chiefs, and medical staff committees for interviews or inquiries regarding this application;

b) To assist, in every way possible, this medical staff and its representatives, in gathering the information necessary to determine my qualifications. In this regard, I recognize that I have the burden of producing adequate information for proper evaluation of my professional competence, character, ethics and other qualifications and for resolving any doubts about such qualifications;

c) To the dissemination of information (including all medical staff and medical records) pertaining to my professional qualifications among this hospital and its medical staff and other persons, hospitals, medical staffs, professional societies, training programs, professional associations, professional liability insurance companies, and licensing authorities in jurisdictions in which I have trained, resided, or practiced, for the present and continuing evaluation of my professional training experience, character, conduct and judgment;

d) I hereby further consent to the inspection by Edward Hospital and their representatives of all records and documents, including medical/dental/podiatric/professional records, at other hospitals or institutions that may be material to an evaluation of my professional qualifications and competence to carry out the clinical privileges requested, as well as my moral and ethical qualifications for staff membership;

e) To be bound by the terms of the Medical Staff and Hospital Bylaws in all matters relating to the consideration of this application, regardless of whether I am granted medical staff membership and the privileges sought. In this regard, I acknowledge that I have received and have had the opportunity to review the Medical Staff Bylaws, Rules and Regulations, and any Hospital Bylaws and/or rules and policies which may pertain."

Article VI, section 1, of the medical staff bylaws (Bylaws) provides:

"b. The applicant shall have the burden of producing adequate information for a proper evaluation of his experience, background, training, demonstrated ability, competence, character, ethics, and, upon request of the Credentials or Executive Committee or the Board of Directors, physical and/or mental health status, or any other qualifications, and for resolving any doubts about such qualifications.

c. The completed application shall be submitted to the Chief Executive Officer or the Manager of Medical Services. After collecting the references and other materials deemed pertinent, the application and supporting materials will be transmitted to the appropriate clinical department for review and evaluation. The department chairman will then transmit the application and recommendations regarding acceptance and clinical privileges to be granted to the Credentials Committee for evaluation."

As part of the application process, plaintiff also signed a separate release form which provided, in part: "I also release from any liability all individuals and organizations who provide information to the hospital in good faith and without malice concerning my competence, ethics, character and other qualifications."

By letter dated June 26, 1990, the hospital advised plaintiff that his application had been tabled at the credentials committee level. The letter stated that plaintiff would have to provide the hospital with information regarding his placement on probation while in his neurology residency at Loyola Hospital (Loyola), his reasons for leaving the Loyola residency after two years, and whether his change to another facility was voluntary or involuntary.

Plaintiff responded by letter which explained that plaintiff had been placed on probation twice during his neurology residency at Loyola and that many, if not most, of his fellow residents shared the status of probation with him during their residencies. Plaintiff's letter also stated that he left Loyola voluntarily because of the behavior of the Loyola neurology chairman toward him.

A series of letters between plaintiff and the hospital ensued. The hospital sought additional information regarding the circumstances of plaintiff's probation while at Loyola. Plaintiff responded that he could not truthfully state what prompted the Loyola neurology chairman to impose the two probation periods (which plaintiff stated each lasted for one month). The hospital was unsuccessful in obtaining information from Loyola about the probation periods because the neurology chairman would not release the information unless plaintiff signed an unconditional release providing immunity from all liability to Loyola and its employees without restrictions. The hospital requested plaintiff to sign such a release. Plaintiff protested the additional release on the grounds it abolished the standard of "good faith and without malice" and was contrary to the spirit of the standard in the Bylaws. The hospital determined it needed the information and it was plaintiff's responsibility to provide it. Plaintiff contended that the hospital had sufficient information to complete its evaluation and that the release he had signed under the good-faith-and-without-malice standard was sufficient and all that should be required. The hospital concluded that it could not adequately evaluate plaintiff without the probation information; that the Bylaws did not limit the hospital to a good-faith-and-without-malice standard for releases; and that unless plaintiff signed the additional release his application would be considered voluntarily withdrawn. Plaintiff did not sign the unconditional release and did not provide any other information about the probations.

By letter dated February 27, 1991, Meyer advised plaintiff that the Board had accepted a recommendation that plaintiff's application not be approved. The letter stated that the Board's action was based on the "incomplete status" of plaintiff's application.

The hospital denied plaintiff's subsequent request for hearings and appellate review under the Bylaws. The hospital also denied plaintiff's request for a copy of the credentials file related to his application on the grounds the information was privileged and confidential under the Medical Studies Act (...