One issue in Pennsylvania that will just not go away relates to a party’s mental health records and to what extent they may be disclosed and utilized as evidence. A good example of a very thorough going analysis can be found in Tavella-Zirilli v. Ratner Companies, 266 A.3d 696 (Pa. Super. December 8, 2021) (Stevens, President Judge Emeritus).

A lawsuit was brought by Karen Tavella-Zirilli for scalp damage due to hair treatment she had. The defenses included contentions that the plaintiff had mental health problems previously that specifically related to scalp, skin and hair damage. The client had received mental health treatment from a psychologist.