People v. Fish – Privilege

People v. Fish, California Court of Appeal, November 27, 2019

Summary: Defendant was involved in a fatal motor vehicle accident.  “Based on [Defendant’s] statements to law enforcement officers after the collision that he was under the care of a psychotherapist who had prescribed him certain antidepressant and antipsychotic medications, the prosecution subpoenaed the psychotherapist’s (and his medical group’s) treatment records. [Defendant] moved to quash the subpoenas on the basis they sought information protected by the psychotherapist-patient privilege.”  The court held that the defendant disclosed only that his psychotherapist had prescribed him certain antidepressant and antipsychotic medications. This was not a significant part of his communications with his psychotherapist for purposes of waiving the psychotherapist/patient privilege.

Court Opinion: Download

Keywords: Medical Records, Psychotherapist, Privilege, Mental Health

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