Elizabeth Amesbury of Cohen, Placitella & Roth. Courtesy photo Confidentiality in Plaintiffs' Mental Health Records, Part 2
The Superior Court added additional protections for plaintiffs' mental health records by requiring additional safeguards be put in place where nonprivileged mental health records are going to be produced.
February 03, 2022 at 12:37 PM
9 minute read
On Dec. 8, 2021, the Pennsylvania Superior Court released its only published opinion since Gormley on waiver of the psychiatrist-patient privilege in Tavella-Zirilli v. Ratner Companies, 2021 Pa. Super. LEXIS 713 (Pa. Super. 2021) and reaffirmed that general allegations of emotional distress do not put mental health at issue in litigation or waive the psychiatrist-patient privilege. Further, the Superior Court added additional protections for plaintiffs' mental health records by requiring additional safeguards be put in place where nonprivileged mental health records are going to be produced.
In Tavella-Zirilli, the plaintiff, Karen Tavella-Zirilli filed a lawsuit against a hair salon alleging that she suffered severe and permanent injuries to her skin, scalp, and hair following a salon hair treatment. Tavella-Zirilli also alleged loss of life's pleasures, mental anguish, embarrassment and emotional distress. Her husband, Dominic Zirilli, asserted a claim for loss of consortium.
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