In a recent ruling from the Illinois Supreme Court, a precedent has been set for legal professionals pertaining to client confidentiality in media releases. The court disagreed with an appellate court finding that a press release made by a Chicago plaintiffs law firm, in which it disclosed its former client’s mental health diagnoses upon announcing a $4.2 million medical malpractice verdict, had violated the Mental Health Developmental Disabilities Confidentiality Act.
The ruling came after an appeal was made by the Cook County Circuit Court, prompted by the allegation that both the defendant law firm, Burke Wise Morrissey & Kaveny, and its former attorney, Elizabeth A. Kaveny, had breached the aforementioned act by providing insight into a former client’s mental health history. This release of confidential information was given in an article for the Chicago Daily Law Bulletin. For a more comprehensive understanding of the Supreme Court’s ruling, the detailed court opinion can be consulted.
Justice P. Scott Neville Jr., justifying the court’s decision, stated that the client in question, John Doe, had waived his rights to confidentiality per the Act by voluntarily and publicly sharing his private health information during a public trial. Interestingly, he further explained that the qualified protective order under the Health Insurance Portability and Accountability Act (HIPAA) did not inhibit such a waiver.
Acknowledging this ruling holds significant implications for how law firms handle sensitive information in relation to high-profile cases and their subsequent media releases. It also underlines the importance of informed consent when it concerns revealing private health information during public proceedings.