FLORENCE APPEL, PETITIONER,
v.
SUZIE QUILANTANG AND THE NORTH RIVER INSURANCE COMPANY, RESPONDENTS
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The court held that the trial court did not err in ordering the production of alcoholism treatment records upon a showing of good cause.
[1] Alcoholism treatment records, though confidential, may be disclosed by court order upon a showing of good cause.
[2] Good cause for disclosure of alcoholism treatment records exists when the alcoholism is relevant to a claim for loss of earnings resulting from an accident.
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Join FLexlaw to unlock all legal intelligenceA plaintiff in a personal injury suit sought review of an order compelling production of her alcoholism treatment records. The defendant argued these …
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PER CURIAM.
Petitioner, plaintiff in a personal injury suit, seeks review by certiorari of a trial court order requiring her to produce medical records concerning her treatment for alcoholism.
The plaintiff was injured in an automobile accident on March 7, 1988, and was treated for alcoholism beginning June 8, 1990. Defendant sought production of her medical records concerning the alcoholism treatment arguing that plaintiffs claim for a substantial loss of earnings in her business as a result of the accident could have been caused by her alcoholism. Plaintiff contends that these records are not subject to production because of their confidentiality and privilege which was provided under section 396.-112, Florida Statutes (1991), and is now provided in section 397.501(7)(a)(5), Florida Statutes (1993). While these statutes make alcohol treatment records confidential, they au thorize disclosure by court order for good cause.
In the present case the trial court conducted an in-eamera inspection of the medical records and then ordered their production. We conclude that good cause was demonstrated here because plaintiffs alcoholism could have been relevant specifically to her claim for loss of earnings in her business as a result of the accident. Compare Service Merchandise v. Larsen, 599 So. 2d 749 (Fla. 4th DCA 1992); and Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA 1985).
We commend the use of the in-camera inspection, as was utilized here, and urge that trial courts carefully and selectively scrutinize what is to be produced in these circumstances. The fact that the alcoholism may be relevant does not necessarily mean that every aspect of the patient’s life which has been revealed during treatment would also be subject to discovery. We must be careful not to discourage people from either seeking treatment for alcoholism or from being candid and open during treatment.. Since we are satisfied that the trial court in this case did not require the production of anything which was not discoverable, we deny certiorari.
DELL, C.J., and KLEIN and PARIENTE, JJ., concur.
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Russell v. Stardust Cruisers, Inc., 690 So. 2d 743 (Fla. 5th DCA 1997)…h Holly Bluff that the decedent’s health, life expectancy, and habits were placed at issue when the civil suit was filed. Thus, evidence of Russell’s alleged alcoholism is relevant and discoverable because it relates to damages. Appel v. Quilantang, 629 So. 2d 1004 (Fla. 4th DCA 1993). Nevertheless, we disagree that this allows carte blanche investigation of decedent’s entire mental health history. Even though the rules of civil procedure allow for broad discovery, the discovery must be confined to matters “ad…
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Brown v. Nya Yanitza Montanez and Eduardo Gonzalez, 90 So. 3d 982 (Fla. 4th DCA 2012)…), rev. denied, 895 So. 2d 406 [*988] (Fla.2005), we recognize there is authority that substance abuse treatment records may be the subject of an in camera inspection. Viveiros v. Cooper, 882 So. 2d 868, 870 (Fla. 4th DCA 2002); Appel v. Quilantang, 629 So. 2d 1004 (Fla. 4th DCA 1993). However, we decline to provide for in camera inspection in this case because Plaintiffs have not demonstrated any likelihood that the records will be relevant to any issue in the case. See generally Katlein v. State, 731 So. 2d…
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Authorities Cited
- Hall v. Spencer, 472 So. 2d 1205 (Fla. 4th DCA 1985)
- Serv. Merchandise Co. OF Fla., Inc. v. Larsen, 599 So. 2d 749 (Fla. 4th DCA 1992)