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Case Law Update: Collateral Estoppel in Mental Health

Kim v. St. Elizabeth’s Hospital of the Hospital Sisters of the Third Order of St Francis, No. 5-08-0571 (10/23/09) affirmed that collateral estoppel is inapplicable where issue of whether already disclosed mental health records are admissible is distinct from issue of whether records were obtained by improper procedure, in violation of Mental Health Confidentiality Act, because that issue was not necessary for judgment in prior case. This Illinois case will impact medical malpractice law.