Weksler v. Weksler, 69498
| Decision Date | 08 January 1985 |
| Docket Number | No. 69498,69498 |
| Citation | 173 Ga.App. 250,325 S.E.2d 874 |
| Parties | WEKSLER v. WEKSLER. |
| Court | Georgia Court of Appeals |
Frank H. Childs Jr., Macon, for appellant.
John E. James, Kathryn M. Weigand, Macon, for appellee.
The appellant, Luiz Weksler, and the appellee, Frances Ann Weksler, were divorced on February 11, 1980. At that time, the appellee was given custody of their daughter, who was then five years old. In February 1984 the appellant commenced this action seeking custody of the child. Following a hearing, the Juvenile Court of Bibb County denied the petition and continued custody with the appellee. On appeal, Luiz Weksler contends that the trial court erred in refusing to admit into evidence records subpoenaed from a psychiatric hospital concerning the appellee's voluntary admission to that facility in October 1983. Held:
OCGA § 37-3-166(a)(8) provides that a clinical record of a mental health patient shall be maintained in confidentiality, but that "[t]he record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state ..." Under OCGA § 24-9-21(5), communications between a psychiatrist and a patient are privileged. This privilege, however, does not extend to any communications made to nurses or attendants unless it is shown that they were the agents of the attending psychiatrist. Myers v State, 251 Ga. 883, 310 S.E.2d 504 (1984). In this case, the appellant having duly subpoenaed the appellee's clinical record from the psychiatric hospital where she voluntarily admitted herself in October 1983, that record was producible, except for the portions containing any privileged communications.
The admissibility of the unprivileged portions of the record is controlled, of course, by the established rules relevant to the introduction of medical records. Evaluations, impressions, diagnostic opinions and conclusions are inadmissible, upon proper objection, unless the person who made the entry appears before the court, qualifies as an expert, and relates the facts upon which the entry was based. Dennis v. Adcock, 138 Ga.App. 425, 428, 226 S.E.2d 292 (1976); accord Giles v. Taylor, 166 Ga.App. 563, 305 S.E.2d 154 (1983). Recorded hearsay statements of third parties are also inadmissible unless they fall within one of the exceptions to the hearsay rule. See Giles v. Taylor, supra; Moody v. State, 244 Ga. 247(4), 260 S.E.2d 11 (...
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Johnson v. State
...from appellant to an attending psychiatrist or his agent. Myers v. State, 251 Ga. 883(2), 310 S.E.2d 504 (1984); Weksler v. Weksler, 173 Ga.App. 250, 325 S.E.2d 874 (1985). 8. During his closing argument to the jury, appellant's counsel requested the court to reopen the evidence, in order t......
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...law, the non-privileged portions of Ridgeview's clinical records on Dr. Rosell would be subject to discovery. Weksler v. Weksler, 173 Ga.App. 250, 325 S.E.2d 874 (1985). We hold that the trial court must issue an order to Ridgeview authorizing and compelling release of its records pertainin......
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...before the court. Moody v. State, 244 Ga. 247, 249, 260 S.E.2d 11; Martin v. Baldwin, 215 Ga. 293(2c), 110 S.E.2d 344; Weksler v. Weksler, 173 Ga.App. 250, 325 S.E.2d 874; Stouffer Corp. v. Henkel, 170 Ga.App. 383(2), 317 S.E.2d 222; Hurt, supra. In the instant case, it was clear from couns......
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...Ga. App. 471, 475, 4489 S.E.2d 540, 544 (1997). 21. Dynin v. Hall, 207 Ga. App. 337, 339, 428 S.E.2d 89, 91 (1993); Weksler v. Weksler, 173 Ga. App. 250, 325 S.E.2d 875 (1985). 22. Plunkett v. Ginsburg, 217 Ga. App. 20, 21, 4456 S.E.2d 595, 597 (1995). 23. Bobo v. State, 256 Ga. 357, 349 S.......