Does the Petrillo doctrine override the right to counsel?

For the Defense

By Donald P. Eckler and William K. McVisk

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. His views are his own and not those of his firm or its clients. William K. McVisk is a partner at Tressler LLP, and focuses his practice on medical malpractice defense and insurance coverage litigation. He is the current president of the Illinois Association of Defense Trial Counsel.

Posted March 23, 2020 5:28 PM

In 1986, the Illinois courts created the Petrillo doctrine, which prohibited attorneys representing defendants in personal-injury actions from having ex parte discussions with a plaintiff’s treating physician.See Petrillo v. Syntex Laboratories, 148 Ill.App.3d 581 (1st Dist. 1986).In the typical personal-injury case, involving a plaintiff injured in an auto or construction accident, this created few problems, because physicians had little reason to be concerned that their testimony could lead to being named in a …

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