CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Physician-Patient Privilege
.........Exceptions
............Patient-Litigant; Tendering Condition
7 Cards On This Topic:

No privilege if patient tenders medical condition as issue.

No privilege in medical malpractice actions.

No privilege where patient brings action in which ailments are in issue.

P homeowner has the right examine documents on which ex-girlfriend, living in his home rent-free, relied in requesting continuance under ADA accommodation process; by requesting continuance claiming ADA accommodation, she waived privilege.

C's EC 994 privilege applied as she did not tender her sexual history in the litigation (EC 996(a)) by disclosing F's sexual abuse or submitting to forensic medical exam; DCFS did not claim "through or under" C by filing W&IC 300 petition.

D, whose physical condition put at issue in lawsuit, is not deemed to have waived privilege.

If P sues for PI other than to eyes, then records re treatment of eyes not covered by patient-litigant exception.