Arias v. Urban, 91-2705
| Decision Date | 03 March 1992 |
| Docket Number | No. 91-2705,91-2705 |
| Citation | 595 So.2d 230 |
| Parties | 17 Fla. L. Weekly D620 Ernesto ARIAS, a minor; Alfred Arias, individually and as next friend of Ernesto Arias, a minor; and Juana Arias, individually and as next friend of Ernesto Arias, a minor, Petitioners, v. Michael URBAN, Respondent. |
| Court | Florida District Court of Appeals |
Kubicki, Draper, Gallagher & McGrane and Gail Leverett and Betsy E. Gallagher, Miami, for petitioners.
James C. Blecke, Miami, for respondent.
Before NESBITT, FERGUSON and LEVY, JJ.
The petitioners/defendants petition for a writ of certiorari to quash the trial court's orders allowing the discovery of records of Ernesto Arias's psychiatrist and psychologists.
Ernesto Arias and his parents, Alfred and Juana Arias, the petitioners/defendants, were sued by Michael Urban, the plaintiff, for injuries the plaintiff alleged were caused by Ernesto. The plaintiff alleged Ernesto assaulted him with a diving knife, or negligently stabbed him. The plaintiff's complaint further alleged that the stabbing occurred because Ernesto's parents negligently supervised him. The defendants denied these allegations. During the discovery phase of the case, the plaintiff subpoenaed Ernesto's records from the Elan School in Maine. Ernesto attended the Elan School pursuant to an earlier plea-bargain agreement for rehabilitative reasons. The plaintiff also sought to depose Dr. Hector Gonzalez, a psychiatrist, and sought the production of Dr. Gonzalez's records that related to Ernesto.
The defendants objected to the Elan School records request, and argued that the records were privileged and confidential because Ernesto attended the school for therapeutic and rehabilitative reasons. The defendants also filed a motion for a protective order from the plaintiff's attempted deposition of Dr. Gonzalez and his records. As a basis for the protective order, the defendants relied upon Section 90.503, Florida Statutes (Supp.1990), which provides for a privilege for communications between a psychotherapist and a patient. The plaintiff argued that the defendants placed Ernesto's mental and emotional condition directly in issue when they denied the allegations that the parents knew Ernesto was mentally unstable and/or emotionally disturbed. On October 10, 1991, the trial court sustained the defendants' objection to the plaintiff's request for the Elan School records. The trial court, however, allowed the plaintiff to depose the psychologists who treated Ernesto in Maine. The trial court also entered an order on October 31, 1991, denying the defendants' motion for a protective order as to Dr. Gonzalez.
We agree with the defendants that Section 90.503, clearly provides for a privilege against the discovery of the psychotherapist-patient communications developed in the course of diagnosis or treatment. Section 90.503(2) provides:
A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of his mental or emotional condition, including alcoholism...
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Privilege
...their son would injure someone if left unsupervised; the privilege belongs to the patient, not that of a third party. Arias v. Urban , 595 So.2d 230 (Fla. App. 1992). In a custody case, the mental health of a parent is relevant, but mere allegations that a parent is mentally unstable are no......
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Privilege
...their son would injure someone if left unsupervised; the privilege belongs to the patient, not that of a third party. Arias v. Urban , 595 So.2d 230 (Fla. App. 1992). In a custody case, the mental health of a parent is relevant, but mere allegations that a parent is mentally unstable are no......
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Privilege
...their son would injure someone if left unsupervised; the privilege belongs to the patient, not that of a third party. Arias v. Urban , 595 So.2d 230 (Fla. App. 1992). In a custody case, the mental health of a parent is relevant, but mere allegations that a parent is mentally unstable are no......
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Privilege
...their son would injure someone if left unsupervised; the privilege belongs to the patient, not that of a third party. Arias v. Urban , 595 So.2d 230 (Fla. App. 1992). In a custody case, the mental health of a parent is relevant, but mere allegations that a parent is mentally unstable are no......