In a marital dissolution action involving a discovery dispute over child custody, wife's petition for mandate, challenging a trial court's granting of the husband's motion to quash wife's subpoenas of medical records on the ground that the documents were protected by the physician-patient privilege, is granted in part and denied in part where: 1) the trial court abused its discretion by quashing the subpoena to a doctor where the statements were made in the wife's presence and therefore not protected by the privilege; 2) the husband's claim that his medical records are protected by his constitutional right to privacy is rejected as this right is not absolute and his privacy interests are outweighed by the state's compelling interest in protecting the child's best interests; and 3) the trial court did not abuse its discretion with respect to quashing the subpoena to a subsequent doctor because the documents sought by the wife were privileged.
Filed September 23, 2009
Opinion by Judge Kitching
For Appellant: Gary J. Cohen
For Appelle: Law offices of Alexandra Leichter and Alexandra Leichter; Law Offices of Ariel Leichter-Maroko and Ariel Leichter-Maroko for Real Party In Interest