Articles Posted in Mental Health Records

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Kiersten Sparger underwent a lumbar laminoplasty performed by Dr. Bakhtiar Yamini, an employee of the University of Chicago Medical Center. The procedure took place on March 30, 2015.

On April 27, 2015, Dr. Yamini saw Kiersten again because her wound was leaking spinal fluid. Dr. Yamini instructed his staff to “overstitch” the wound. Dr. Yamini informed Kiersten and her father, Jeff Sparger, that she could not be admitted to the hospital due to a nursing strike. A pouch developed at the wound site and Kiersten was taken to the University of Chicago Medical Center on May 13, 2015 with a fever and significant neck pain. Dr. Yamini surgically repaired the leak. However, Kiersten developed infectious meningitis and suffered cognitive damage.

Jeff Sparger, on behalf of his daughter Kiersten, filed suit against Dr. Yamini and the University of Chicago Medical Center.
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Jeff Sparger, on behalf of his daughter, sued the University of Chicago Medical Center and Dr. Bakhtiar Yamini, alleging that the doctor’s negligence in repairing a spinal fluid leak caused his daughter to develop meningitis. The Cook County judge ordered Sparger to disclose the records from two hospitals that his daughter visited before her surgery over his objections that they were privileged under the Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/1, et seq.), the “Act.”

The Spargers’ attorney respectfully declined the disclosure, putting him in “friendly” contempt of court pending the appellate court’s review. The Illinois Appellate Court for the First District ruled on the matter, which concluded that the Cook County judge was wrong and should have restricted the use of the privileged medical records under the Act.

The surgery that was complained about took place on March 30, 2015. At an April 27, 2015 follow-up visit, Dr. Yamini confirmed the leaking of the spinal fluid and instructed his staff to “overstitch” the surgical wound. Although Dr. Yamini told the Sparger family that their daughter needed to be admitted to the hospital, she was not because of a nurses’ strike. After a pouch developed at the wound site, the Sparger daughter developed a fever and significant neck pain. Thereafter, Dr. Yamini surgically repaired the spinal fluid leak.
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