On May 13, 2015, Millicent Mnookin suffered a sudden drop in oxygen followed by cardiac arrest while she was under general anesthesia for surgery at Northwest Community Hospital. She was taken to an intensive care unit but died just two weeks later.
Mnookin’s husband, Barry Mnookin, who was appointed executor of her estate, filed a lawsuit against several defendants, including Northwest Community Hospital and Dr. Syed Ahmed, who had been her anesthesiologist. The lawsuit alleged negligence by Dr. Ahmed as an employee of Northwest Community Hospital.
During the discovery process, her husband’s attorney sent Northwest Community Hospital requests for production of documents. The hospital filed a privilege log, identifying 24 documents that it asserted were privileged and protected from discovery under the Medical Studies Act. He moved for an in-camera inspection of all of the allegedly privileged documents. In response, the trial court asked Northwest Community to “redact the portion of each privileged document for which [Northwest] claimed privileged.” Northwest redacted the entire text of every document, leaving only the printed headline.