CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Waiver - Tendered by Patient
............Waiver Not Found
 13 Cards On This Topic:
  • Even when D tenders mental condition, statements made to court-appointed psychiatrists who reported to D's attorney in preparation for trial still privileged.
  • Mere possibility that there may be connection between physical ailments and prior mental treatment insufficient to overcome psychotherapist-patient privilege.
  • Patient did not waive psychotherapist-patient privilege by bringing PI action for physical injuries suffered in car accident.
  • Disclosure of existence and purpose of psychiatric treatment not waiver of privilege.
  • Signing of consent form for D's insurance carrier releasing medical records construed as not including P's psychiatric records.
  • Release of records by treating physicians without patient's consent is not waiver. Only patient can waive privilege. Physician must assert.
  • Only those portions of patient's record relevant to claim are waived by patient-litigant exception.
  • No waiver of psychotherapist-patient privilege by tier one offender not on probation; patient-litigant exception not applicable in a PC §290.5 termination proceeding.
  • To determine whether a party lost the protection of the psychotherapist-patient privilege, the court looks to which party was the first to "tender," i.e., to raise, the issue in litigation.
  • At contested dependency proceeding, non-minor dependent did not tender the issue of her mental state and thereby waive psychotherapist-patient priv. when responding to agency's question regarding basis of her dependency status.
  • Non-minor does not waive psychotherapist-patient privilege by seeking to admit therapist's letter that fulfilled county verification requirements for non-minor's foster care.
  • D did not waive psychotherapist-patient privilege by requesting restitution for therapy costs when she informed criminal court of her monetary losses to facilitate its statutory mandate to order D to pay full restitution.
  • Names of members of victim's sexual assault therapy group privileged; no waiver resulted from statements made in group sessions.


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