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Psychotherapy records are discoverable in cases involving emotional distress.
Trial
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July 1, 2001|
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COPYRIGHT 2001 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.
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A plaintiff who places his or her mental or emotional condition into issue in litigation waives the patient-psychotherapist privilege, even in cases where nothing indicates that the plaintiff intends to name the doctor as a witness, the U.S. District Court for the Eastern District of Pennsylvania ruled. (Sanchez v. U.S. Airways, Inc., No. Civ. A. 99-6586, 2001 WL 311271 (E.D. Pa. Mar. 29, 2001).)
Senior Judge Clifford Scott Green wrote that "to allow plaintiffs to make a claim for emotional distress, but shield information related to their claim, is similar to ...
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