Donald v. Ahern, 96 A.D.3d 1608 (4th Dep’t 2012)
Jun 15, 2012OUTCOME: Client was entitled to Discovery of Plaintiff's Mental Health Records
The Fourth Department held, even though plaintiff was not seeking damages for mental health or emotional distress, plaintiff’s depression was not an “unrelated” ailment and plaintiff waived patient-ph ... ysician privilege regarding her mental health treatment “given pre-existing depression, her impaired quality of life and inability to enjoy the activities she enjoyed before the accident could result from physical injuries sustained in the accident, her pre-existing mental condition or aggravation of that condition, or some combination thereof.”
