Plaintiff and "Jane Doe" filed complaint against amusement park, alleging that a group of youths viciously attached their family at the park, causing serious injuries, and that park employees failed to intervene. Plaintiff amended complaint nearly 2 years later, adding a wrongful death claim, alleging that decedent, "Jane Doe", committed suicide due to physical injuries to her brain that rendered her bereft of reason and suicidal. Plaintiff refused to allow discovery of decedent's psychiatric medical records and refused to disclose the identity of her mental health providers, claiming privilege under the Mental Health and Developmental Disabilities Confidentiality Act. A suicide directly implicates a psychological condition or psychological damage. Decedent's mental condition was introduced as an element of the wrongful death claim, making her mental health records discoverable. Court did not err in granting Defendant's motion to compel and in finding Plaintiff in contempt. (JORGENSEN and HUDSON, concurring.)
Illinois Appellate Court
Civil Court
Mental Health Confidentiality Act