Are you involved in Palm Beach probate litigation and certain privileged records have come to light?Is the other side seeking these in discovery? Do you know your rights to psychotherapist client privilege? Is there such a thing as a physician privilege? The answer in West Palm Beach may surprise you. Take a look at this unfortunate criminal case out of the Third District Court of Appeals dealing with privileged records.
Privilege
- As a matter of public policy the law deems certain communications privileged for example when you talk to your lawyer.
- The law also recognizes the need for privacy in medical records.
- Did you know there is a privilege for psycho-therapist records but not for physician documents?
- Physician documents are not privileged if you bring your physical damages into issue.
- Also if you bring your mental states into issue the court may order that you have waived your right to a privilege.
- Do you know what other privileges exist?
- Did you know there is a CPA privilege for documents you give to your Certified Public Accountant?
- What other privileges can you assert in your West Palm Beach will contest?
- Do you know how to protect your privilege when the documents are requested?
- Experienced Palm Beach probate litigators know that a hearing is necessary to protect your privileges and not be out of order with the Court.
Barahona v. State of Florida
- The Third District Court of Appeals hears all appeals cases in and for Miami-Dade and Monroe County, including criminal appeals.
- In a recent case a mother and father were up on first degree murder charges and the mother wanted to have the medical records of the father admitted for her defense.
- The court instructed an “in camera” inspection of the records do you know what that means?
- An in camera view of medical records is one where you are in judge’s chambers with both sides and the court determines the necessity for the documents.
- Are you prepared to plead your case while those records are on the table in front of you?
Want to learn more?
Check out the entire case by clicking here.