Two recent federal court opinions address evidentiary issues of interest. In Laskowski v. Dep’t of Veterans Affairs, 2011WL5040953 (M.D. Penn. October 24, 2011), a patient sought by in limine motion to restrict defense access to psychotherapy records after a certain date. Denying the motion the court ruled that the psychotherapist-patient privilege is analogous to the attorney-client privilege; it is waived by pursuit of a malpractice claim. The court also noted the basis for the patient’s motion was substantive in nature and in limine motions are inappropriate for resolving substantive issues. In Maillaro v. New York Presbyterian Hospital, 2011WL4860027 (D.N.J. October 12, 2011) the patient sought access to another patient’s medical records. They shared a hospital room together, and the plaintiff claimed his staphylococcus aureus infection may have been caused by the roommate. In a thorough analysis the magistrate judge denied the request in view of the overriding need to assure confidentiality of health care records held by those not in litigation.
Professional Liability Defense Federation
