Lipscomb v. Sisters of St. Francis Health Serv., Inc.,
No. 1-02-1495 (Ill. App. Ct. Sept. 15, 2003)

A mother filed suit individually, and on behalf of her daughter, against a hospital for the wrongful investigation and detention of her daughter. The daughter was wrongfully suspected of being a victim of sexual abuse when a urine sample was misidentified as hers. The hospital apologized for the error, but after transferring the daughter to a different facility owned by the defendants, the daughter was subjected to additional questioning and physical examinations. The hospital’s agents contacted the Illinois Department of Children and Family Services (DCFS) to see if a case report had been filed. The DCFS employee indicated that none had been filed, but that the call would constitute an official report. The agents refused to allow the daughter to leave the hospital until she was finally cleared by the DCFS, two days after her illness had subsided. The trial court dismissed the complaint, holding that the hospital was immune from liability under section 9 of the Reporting Act. The Appellate Court of Illinois reversed, however, holding that the defendants' conduct went beyond reporting and crossed the line into at least the beginning stages of an investigation, and therefore was not entitled to the immunity granted by the statute that was attached only to filing the initial report.