CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Waiver - Tendered by Patient
............Waiver Not Found
9 Cards On This Topic:

Only those portions of patient's record relevant to claim are waived by patient-litigant exception.

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.

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.

Release of records by treating physicians without patient's consent is not waiver. Only patient can waive privilege. Physician must assert.

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.