LEONARDO ARZOLA, PETITIONER,
v.
LUCIA REIGOSA AND ELENA BARRIOS REIGOSA, RESPONDENTS
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PER CURIAM.
The petition for a writ of certiorari seeking review of a trial court order which directs the pretrial discovery of medical records concerning the plaintiff’s post-accident psychiatric treatment is denied. The plaintiff brought the instant negligence action arising out of an automobile/bicycle collision below and, inter alia, sought mental anguish damages. This being so, he cannot claim, as urged, a psychotherapist-patient privilege with respect to these records; there is no such privilege “[f]or communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim_” § 90.503(4)(c), Fla.Stat. (1987). Contrary to plaintiff’s argument, we conclude that plaintiff has made his post-accident mental or emotional condition an element of his negligence claim below by requesting post-accident mental anguish damages; we reach this result based on the indistinguishable authority of Yoho v. Lindsley, 248 So. 2d 187 (Pla. 4th DCA 1971), and Haney v. Mizell Memorial Hospital, 744 F. 2d 1467 (11th Cir.1984) (applying Florida law).
CERTIORARI DENIED.
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Cantor v. Toyota Motor Sales, 546 So. 2d 766 (Fla. 5th DCA 1989)…sed without the patient’s consent. § 90.503, Fla.Stat. (1987). The statutory privilege does not apply if a patient in an action relies on her mental or emotional condition as an element of her claim or defense. See § 90.503(4)(c); Arzola v. Reigosa, 534 So. 2d 883 (Fla. 3d DCA 1988). In the instant case, the mother as a plaintiff is seeking damages relating to her ownership of the automobile and has not placed her own mental or emotional condition in issue. The burden rests on the parties seeking to depose a…
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Harold and Sara Scheff v. Mayo, 645 So. 2d 181 (Fla. 3d DCA 1994)…intiff who seeks mental anguish damages arising out of a motor vehicle accident has “made his post-accident mental or emotional condition an element of his negligence claim” and cannot invoke the psychotherapist-patient privilege. Arzola v. Reigosa, 534 So. 2d 883 (Fla. 3d DCA 1988). The respondent is not entitled to invoke the psychotherapist-patient privilege because she has placed her mental condition at issue. See Arzola v. Reigosa, 534 So. 2d at 883; Yoho v. Lindsley, 248 So. 2d 187 (Fla. 4th DCA 1971).…
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Nelson v. Womble, 657 So. 2d 1221 (Fla. 5th DCA 1995)…intiff who seeks mental anguish damages arising out of a motor vehicle accident has “made his post-accident mental or emotional condition an element of his negligence claim” and cannot invoke the psychotherapist-patient privilege. Arzola v. Reigosa, 534 So. 2d 883 (Fla. 3d DCA 1988). The respondent is not entitled to invoke the psychotherapist-patient privilege because she has placed her mental condition at issue. See Arzola v. Reigosa, 534 So. 2d at 883; Yoho v. Lindsley, 248 So. 2d 187 (Fla. 4th DCA 1971).…
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- Haney v. Mizell Mem'l Hosp., 744 F.2d 1467 (11th Cir. 1984)
- Jess Yoho v. Lindsley, 248 So. 2d 187 (Fla. 4th DCA 1971)