Judge Kelley grants subpoena of patient’s mental health records in leg amputation suit

By Heather Isringhausen Gvillo | May 3, 2016

HSHS Medical Group is permitted to subpoena a patient’s confidential mental health records in a lawsuit alleging she allowed her leg wounds to become contaminated with dirt and pet hair, resulting in amputation.

Defendant HSHS Medical Group’s motion to issue a subpoena and for access to confidential records was granted on April 20.


“Defendant is found to have demonstrated there is good cause for discovery of the subject confidential records and/or for conducting a deposition of Dr. Chalfant,” the order states.

The defendant is also granted full access to Chalfant’s written files concerning plaintiff Cynthia Davidson

Chalfant is Davidson’s mental health provider.

Circuit Judge Vincent Lopinot is presiding over the case.

Davidson filed the lawsuit on July 2 against Dr. David L. Kee and HSHS Medical Group Inc., doing business as Ankle and Foot Center.

According to the complaint, Davidson claims Kee, a licensed podiatrist, failed to “apply the knowledge and use the skill and care ordinarily used by a reasonably well-qualified health care provider” in decisions that led to Davidson losing her left leg in August 2014.

However, the defendants deny the allegations against them and argue that Davidson contributed to her injuries.

They allege Davidson failed to check her foot every other day for wounds even though she was advised to do so by medical professionals, failed to keep follow-up appointments as scheduled, failed to stay off her foot as directed, failed to use her scooter device to eliminate weight bearing on her foot, failed to take her medications and failed to keep the wounds on her foot clean and dressed when she allegedly allowed her wounds to be contaminated with dirt and pet hair.

The defendants are represented by Mark Bauman of Hinshaw & Culbertson in Belleville.

Davidson is represented by Joseph Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville.

St. Clair County Circuit Court case number 15-L-407

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Organizations in this Story

Cook, Ysursa, Bartholomew, Brauer & Shevlin Hinshaw & Culbertson LLP

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