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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46931 Justice Bransten PLAINTIFF’S MEDICAL malpractice action alleged an improper sexual relationship between herself and defendant, her psychologist. In addition to seeking records from defendant’s supervisor, plaintiff sought psychiatric medical records and notes from defendant’s own therapist, with whom defendant had discussed certain “boundary violations” regarding plaintiff. In response to defendant psychologist’s contention that the records sought by plaintiff were protected by the psychologist/patient privilege, plaintiff argued that the privilege was waived by defendant’s discussions of her therapy outside the psychologist/client relationship. The court found the requested psychiatric records to be protected. Finding that defendant’s psychiatric condition was not put into controversy and was not part of her defense, the court concluded that to disclose defendant’s confidential psychiatric records would undermine legally recognized privileges without an appropriate basis to do so.

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