FREDERICK BYXBEE, PETITIONER,
v.
PLACIDO ROCHA REYES, RESPONDENT
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Byxbee, a personal injury plaintiff, sought protection of his psychotherapy records from Columbia Hospital under Florida's psychotherapist-patient privilege after withdrawing his mental anguish claim. The trial court compelled disclosure, but the appellate court reversed, holding that the records remain privileged even though they contain information about physical examinations performed during mental health treatment.
The court held that the Columbia Hospital records are protected by the psychotherapist-patient privilege under section 90.503(2). The privilege is not waived merely because the records contain information about physical examinations, and the fact that a patient withdrew a mental anguish claim does not eliminate the privilege protection when the patient has not otherwise relied upon his mental condition as an element of his claim or defense.
[1] A plaintiff's withdrawal of a claim for mental anguish negates reliance on mental condition as an element of a claim or defense for purposes of waiving the psychotherapis…
[2] A claim for loss of enjoyment of life, without more, does not place a plaintiff's mental or emotional condition at issue so as to waive the psychotherapist-patient privil…
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Join FLexlaw to unlock all legal intelligence“This is not a case where Byxbee has relied upon his mental condition "as an element of [his] claim or defense," so that the exception of section 90.503(4)(c) applies.”
Establishes that the privilege exception does not apply when a patient has withdrawn mental anguish claims and has not placed mental condition at issue.
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Join FLexlaw to unlock all legal intelligenceByxbee filed a personal injury action against Reyes arising from a car accident. On March 1, 2002, Byxbee withdrew his claim for mental anguish. In Oc…
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GROSS, J.
Petitioner, Frederick Byxbee, the plaintiff below, files a petition for writ of certiorari asking this court to quash the trial court’s January 17, 2003 order granting the respondent’s motion to compel the production of Byxbee’s psychotherapy records from Columbia Hospital. We grant the petition.
Byxbee filed a personal injury action against the respondent arising out of a car accident. On March 1, 2002, Byxbee filed a notice of withdrawal of his claim for mental anguish. In October 2002, respondent filed a notice of taking deposition duces tecum of the records custodian of Columbia Hospital. In response, Byxbee filed a motion for protective order seeking to invoke the psychotherapist-patient privilege contained at section 90.503(2), Florida Statutes (2002). The trial judge compelled disclosure of the records, believing that they were relevant to Byxbee’s non-mental, physical condition.
This is not a case where Byxbee has relied upon his mental condition “as an element of [his] claim or defense,” so that the exception of section 90.503(4)(c) applies. Byxbee withdrew his claim for mental anguish. A claim for loss of enjoyment of life, “without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503.” Partner-Brown v. Bornstein, 734 So. 2d 555, 556 (Fla. 5th DCA 1999).
The records of Columbia Hospital fall within the privilege of section 90.503. That the records contain information pertaining to physical examinations during hospital admissions does not remove the records from the privilege. There is no indication that such examinations were not made “for the purpose of diagnosis or treatment of the patient’s mental or emotional condition.” § 90.503(2).
To allow discovery of the records because they contain information about the patient’s physical or medical condition would be to engraft an additional exception to section 90.503(4).
The petition for writ of certiorari is granted and the January 17, 2003 order is quashed. See Palm Beach County Sch. Bd. v. Morrison, 621 So. 2d 464 (Fla. 4th DCA 1993); Sykes v. St. Andrews Sch., 619 So. 2d 467 (Fla. 4th DCA 1993).
GUNTHER and TAYLOR, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Olges v. Dougherty, 856 So. 2d 6 (Fla. 1st DCA 2003)…physicians do” and therefore “does not have [*12] the practical knowledge and experience contemplated”).4 V. Not every automobile accident case gives rise to good cause to require the plaintiff to undergo a mental examination. See Byxbee v. Reyes, 850 So. 2d 595 (Fla. 4th DCA 2003). Here, once Mr. Olges abandoned his original efforts to recover damages for mental anguish, emotional distress and other emotional damages, his mental condition ceased to be “in controversy” as contemplated by the rule. See Partn…
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Ireland v. Francis, 945 So. 2d 524 (Fla. 2d DCA 2006)…manently waived her psychotherapist-patient privilege. This, however, is not a correct statement of the law. Because Ireland has withdrawn her claim for mental anguish, her mental condition is no longer an element of her claims. See Byxbee v. Reyes, 850 So. 2d 595, 596 (Fla. 4th DCA 2003) (“Byxbee withdrew his claim for mental anguish. A claim for loss of enjoyment of life, ‘without more, does not place the mental or emotional condition of the plaintiff at issue so as to waive the protection of section 90.503…
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Breeden v. Frank F. Cook, M.D., 859 So. 2d 1276 (Fla. 4th DCA 2003)…[*1278] ders compelling production of discovery claimed to be privileged. Snyder v. Value Rent-A-Car, 736 So. 2d 780 (Fla. 4th DCA 1999). We need look no further than a recent decision from this court to resolve this petition. See Byxbee v. Reyes, 850 So. 2d 595 (Fla. 4th DCA 2003).1 In Byxbee, we held that otherwise privileged psychotherapy records are irrelevant to a plaintiffs “non-mental, physical condition” when there is no claim for mental anguish. This is true even though the plaintiff has claimed “l…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Palm Beach Cnty. Sch. Bd. & Terry Andrews v. Morrison, 621 So. 2d 464 (Fla. 4th DCA 1993)
- Sykes v. ST. Andrews Sch., 619 So. 2d 467 (Fla. 4th DCA 1993)
- Sherron Partner-Brown v. Bornstein, 734 So. 2d 555 (Fla. 5th DCA 1999)