Section 6.17(e) of the Hospital Licensing Act created a broad and important exception to the Petrillo doctrine. Since 2000, defense counsel representing a Hospital could speak ex parte with any agent, employee or medical staff member of the hospital. However, more than 15 years after that legislation was enacted, attorneys and judges far too often are unaware or disbelieving of this rule regarding these communications.

This CLE presentation will examine the rules in place before the HLA, explain the current lay of the land for Hospital defense counsel, and discuss the important nuance of the general rule.