Pa. Panel Restores Psychiatric Records' Privilege In Birth Suit

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By Mike Curley (January 10, 2022, 5:13 PM EST) — A Pennsylvania appeals court on Monday found that a man hadn’t waived privilege on his mental health records by claiming emotional distress and anxiousness as injuries in a suit claiming a hospital’s negligence led to his son’s injuries at birth.

In an unpublished opinion, a three-judge panel majority reversed an order denying Stephen Boyle’s objections to an order allowing discovery of his treatment by a psychiatrist in his and his wife’s suit against Main Line Health Inc., saying Boyle had not made his mental and emotional health an issue in the suit.

In the suit, first filed in June 2019, the…

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