Mental Health Records Must Be Produced in Injury Case, Court Holds

In Rosen v. MHM Realty LLC, 2018 NY Slip Op 07549 (App. Div. 1st Div. Nov. 8, 2018), the Appellate Division unanimously affirmed the lower court’s order denying plaintiff’s motion for a protective order and directed plaintiff to give defendants an unlimited authorization (for a specified period) for mental health records for treatment in connection with injuries he sustained.

According to the court:

Plaintiff put his mental condition in issue by seeking to recover damages for emotional distress as a result of the actions alleged in the complaint (CPLR 3101[a]; Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452, 456-57 [1983]; Budano v Gurdon, 97 AD3d 497 [1st Dept 2012]). He did not specify how he or any third party would be subject to “unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice” as a result of the disclosure of the mental health treatment records at issue (CPLR 3103[a]). Nor did plaintiff otherwise establish that disclosure would be detrimental to himself or a third party (cf. Cynthia B. at 461-462). In any event, it is noted that plaintiff previously stipulated to unlimited disclosure of his mental health treatment records[.]

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