Posted by joe schmoe on March 16, 2013, at 10:21:14
In reply to can a pedophile defendant request medical records?, posted by novelagent on March 16, 2013, at 9:31:05
Physician-patient privilege is a matter of state law so the answer could vary depending on what state you live in (assuming you're in the U.S.).
You mention "entering a lawsuit" which makes it sound like a civil suit for damages, but then you say it is a criminal case. There are significant differences. In a civil case, typically you are claiming emotional distress, which puts psychiatric records into play - the other side has the right to subpoena them if you are putting your mental well-being at issue.
In a criminal case, the question is whether the defendant did it or not, not its effect on your psyche, so I don't think the defense would have the right to get ahold of those records. But I could be mistaken. If it's a criminal case though you should be able to ask the prosecutor whether the defense has the right to your medical and psychiatric records if you are involved in the case in any way. It seems unlikely to me that they could request them, unless it goes to some issue of the reliability of your testimony (such as whether you're a chronic liar and have sought psychiatric help about it).
If it's a civil case then I would say yes, they will be able to subpoena them since you are claiming damages due to emotional distress (unless you are claiming purely physical injuries but that seems unlikely).
poster:joe schmoe
thread:1040451
URL: http://www.dr-bob.org/babble/20130308/msgs/1040461.html