Trial Court Addresses Protections Afforded by Mental Health Procedures Act Relative to Mental Health Records in Discovery

In the case of Morreck v. Karns, No. 2025-CV-1140 (C.P. Lacka. Co. June 12, 2026 Minora, S.J.), the court addressed discovery issues in a motor vehicle accident case.

According to the court’s decision, the Plaintiff alleged physical injuries as a result of a motor vehicle accident but confirmed that she was not alleging any independent psychological injury as a result of the accident.

At issue in this matter was the Plaintiff’s objection to the Defendant’s subpoenas for medical records.   In the subpoenas, the Defendant specifically excluded from production any records concerning mental health or psychiatric treatment from either before or after the subject accident.

The Plaintiff objected to the subpoenas, raising concerns of a possible unintended release of information protected by privileges afforded by the Mental Health Protections Act, 50 Pa. C.S.A. §7111.

Senior Judge Carmen Minora
Lackawanna County

In his decision, Senior Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas confirmed that mental health records were indeed privilege under the MHPA. 

However, the court noted that a patient can waive the confidentiality protections under the MHPA where, as judged by an objective standard, the Plaintiff knew or reasonably should have known that the Plaintiff’s mental health would be placed directly at issue by the filing of a lawsuit.

However, here, where the Plaintiff had not placed her mental health at issue, the court found that the Plaintiff had not waived any confidentiality protections under the MHPA. 

As such, the court precluded discovery on any mental health treatment records and allowed discovery only of materials that were not protected under the privileges afforded under the MHPA.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney Joshua J. Perry of the O’Donnell Law Offices in Kingston, PA for bringing this case to my attention.