Roberts v. Norfolk and Western Railway Co.

JUSTICE COOK,

specially concurring:

While I agree with the majority as to reversal and remand for a new trial, and with the majority’s analysis of most issues, I disagree on some points.

A recipient of mental health or developmental disabilities services who wishes to prevent disclosure of his records or communications must be consistent in expressing his desire for confidentiality. If there is a disclosure of confidential information by the recipient, or if he permits such a disclosure, the privilege is waived and cannot be reasserted. (Novak v. Rathnam (1985), 106 Ill. 2d 478, 484, 478 N.E.2d…