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Keywords

lawsuitdefendantnegligencemalpractice

plaintifflitigationdiscoverytrialmalpractice

Related Cases

Palay v. Superior Court, 18 Cal.App.4th 919, 22 Cal.Rptr.2d 839

Facts

In this case, Inocente Palay, the mother of a 16-month-old child, sought a writ of mandate to prevent the disclosure of her prenatal medical records in a medical malpractice action filed on behalf of her child. The child, who was born with serious health issues, had initiated the lawsuit against various medical providers, alleging negligence in the care received. The mother claimed that her medical records were protected by physician-patient privilege and her right to privacy. However, the court found that the child's medical history was inextricably linked to the mother's prenatal records, making them discoverable.

In filing his action, Child waived his right to assert the physician-patient privilege by putting his own physical condition and medical records at issue. While Child has waived, Mother asserts a right to claim privilege as to prenatal records. We find that Mother cannot assert a privilege based on two grounds: (1) public policy; and (2) an interpretation of the litigation-exception that recognizes that during pregnancy, a mother's prenatal records are shared by both the mother and the fetus.

Issue

Are the prenatal medical records of a mother, a non-party to a medical malpractice action brought on behalf of her child, discoverable or subject to a claim of privilege?

Rule

The physician-patient privilege does not apply when the patient has placed their medical condition at issue in a legal proceeding. In cases where a child files a lawsuit regarding their medical condition, the mother cannot assert a privilege over prenatal records that are relevant to the child's health, as the records are considered shared and inseparable during the period of pregnancy.

Analysis

The court analyzed the relationship between the mother and child during pregnancy, concluding that the prenatal medical records are essential to understanding the child's medical condition. Since the child initiated the lawsuit, he waived his right to claim privilege over the records. The court emphasized that the mother's right to privacy must be balanced against the defendants' need for information to prepare their defense, ultimately finding that the interest in discovering the truth in legal proceedings outweighed the mother's privacy rights.

When we have a child of this young age, filing a malpractice action, it is reasonable to conclude that the scope of the child's medical history includes the prenatal records which reflect his medical condition while in utero. The relationship between medical histories of a mother and child was initially addressed and considered within the parameters of a discovery dispute in Jones v. Superior Court, supra, 119 Cal.App.3d 534, 174 Cal.Rptr. 148, an action against several drug companies by a woman who claimed injury as a result of her mother's having ingested the drug diethylstilbestrol (DES) while pregnant with plaintiff.

Conclusion

The court denied the mother's petition, ruling that her prenatal medical records were discoverable and not protected by physician-patient privilege.

Accordingly, the petition is denied. The stay imposed by this court shall remain in effect until issuance of the remittitur.

Who won?

The prevailing party in this case was the defendants, which included the County of Los Angeles and associated medical providers. The court ruled in their favor by allowing access to the mother's prenatal medical records, emphasizing the importance of these records in determining the cause of the child's medical condition. The court found that the child's waiver of privilege, by initiating the lawsuit, justified the disclosure of the mother's records, as they were deemed relevant to the case.

The trial court did not abuse its discretion in finding these records discoverable and ordering their production.

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