Re:Miami U.S. Attorney’s Office, FBI accused of spying on de...
by dragonwriter on Tuesday June 07, 2016 @01:02PM
(#11855843)
> IANAL: Wouldn't any evidence gained from 'mental-health clinical records' be inadmissible anyway?
No.
> Something about doctor-patient confidentiality?
Where it exists as a legal privilege at all, physician-patient privilege prevents certain information in medical records from being used against the patient in court. (And, in any case, it apparently doesn't exist in the Federal Rules of Evidence; there are federal laws on medical confidentiality, e.g., HIPAA, but they are not a general privilege against the use of medical records as evidence, and again they protect the patient, not the physician.)
No.
> Something about doctor-patient confidentiality?
Where it exists as a legal privilege at all, physician-patient privilege prevents certain information in medical records from being used against the patient in court. (And, in any case, it apparently doesn't exist in the Federal Rules of Evidence; there are federal laws on medical confidentiality, e.g., HIPAA, but they are not a general privilege against the use of medical records as evidence, and again they protect the patient, not the physician.)