Since no Illinois court has squarely addressed this question, for guidance in our decision Dempsey points to similar decisions in New York and California that have held that a mother may not prevent medical malpractice defendants from obtaining the prenatal care records for the period during which the mother was pregnant with the infant plaintiff. In both states, in fact, courts have held that prenatal care records are not exclusively those of the mother but also belong equally to the infant. Accordingly, by filing such a medical malpractice action, either the mother or the infant plaintiff through his mother waives the physician-patient privilege with respect to prenatal care records. See, e.g., Scharlack v. Richmond Memorial Hospital, 102 A.D.2d 886, 888, 477 N.Y.S.2d 184, 187 (1984) (<HOLDING>). See also Hughson v. St. Francis Hospital of
holding that trial counsels performance in failing to object move to strike or request an admonishment of the jury with respect to the defendants criminal history was deficient and that it could not be said that the references to the defendants criminal history did not impact the jurys decision where the evidence was not overwhelming and reversing for a new trial holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category holding that where there are deficiencies in the record the alj is under an affirmative obligation to develop the relevant medical history holding that the mother can be deemed to have waived the physicianpatient privilege only with respect to the medical history and records pertaining to the period when the plaintiff was in utero during which time there could be no severance of the infants prenatal history from his mothers medical history holding that review of medical history during an examination assisted doctors medical conclusions