The Plaintiff contended that his alcohol abuse treatment records were protected from discovery by §108 of the Drug and Alcohol Abuse Control Act, 71 P.S. §1690.108. The Plaintiff also asserted that his mental health records were not discoverable due to the psychiatrist-patient privilege set forth in 42 Pa. C.S. §5944.
|Judge Terrence R. Nealon|
With respect to the separate mental health records, the Court in Ferguson concluded that the Plaintiff did not similarly waive the psychiatrist-patient privilege by generally alleging “mental and emotional anguish” as elements of the pain and suffering claim. The Court noted that the Plaintiff did not specifically make any claim for damages in this matter for anxiety, severe emotional trauma requiring treatment, or some other specifically recognized mental disorder.
Accordingly, Judge Nealon held that the alcohol abuse treatment records were discoverable but that the mental health treatment records were not under the facts of this case.
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