Doctor/Patient Privilege

I was in attendance with my husband during  psychotherapist sessions, and I seeking to the use a letter from the therapist and my testimony during these in my annulment case to prove his medical condition, however the Judge has said because I was his wife I at the time of the session, I am under the doctor/patient privilege clause, and I cannot use it.  Is that correct, and what is my challenge to the court, to use the information in court?  I was not the patient

The issue may actually be spousal privledge--but since the issue before the court appars to be if the marriage actually existed at all I wonder if to bar your material as a spouse makes sense--need smarter mind than mine....

My understanding of an annulment is that it treats the marriage as void is it is uphled--and in that case I fail to dunderstand spousal privledge.

Thats why you need to use lawyers?

Its a bit of circular reasoning but if  John took his favorite bimbo Mary into session sessions with John's Dr Henry it is doubtful if Mary is bound by any Dr -Patient  privledge and since the very effect of an anullment is to render a marriage void as if it never existed then if the marraige was void then there never could logically arise a requirement under common law for privledge?    BTW is should have been necessary for John to raise the object--privledge runs with patient.

Might have been wiser to allow testimony "in camera" ?

Just out of curiosity what medical grounds do you seek to prove that under CA Code lead to an annulment?

And why would you ever try debate that w/o skilled counsel?

Impotency?

Mental incapacity?

Drew, doesn't spousal privilege merely allow a person to refuse to testify about communications with their spouse? It sounds like the opposite is desired here.

Judge has it right, I think. Poster wants to bring up matters that spouse has not tendered as conditions relevant to the case, presumably. In that case doctor-patient privilege applies as far as medical records and communications are concerned. Any letter or overheard remarks made by the therapist that the poster might which to enter into evidence would be hearsay without the witness and the witness is protected by privilege unless poster's spouse waives that privilege.

Caveat Emptor: I am not an attorney

MsFreeman:

I was in attendance with my husband during psychotherapist sessions, and I seeking to the use a letter from the therapist and my testimony during these in my annulment case to prove his medical condition, however the Judge has said because I was his wife I at the time of the session, I am under the doctor/patient privilege clause, and I cannot use it. Is that correct, and what is my challenge to the court, to use the information in court? I was not the patient

I think that the answer to your question is beyond the scope of this board.

There appear to be three overlapping concepts:

• Marital confidences privelege.
• Spousal testimonial privelege.
• Doctor - patient privelege.

On top of that the laws about each may differ from state to state.

It's going to take a skilled attorney to figure it out.

Sounds more like the judge is protecting the dr/patient privilege between your STBX and the doc.  If you could get the ex to agree, I'm sure the judge would also.

But since ex doesn't want an anullment, it's not likely he'll agree.  Even if it was allowed, it's doubtful it contains the mental incapcity needed to get an anullment unless it says ex doesn't know who he is, who you are, etc.  Mere mental illness doesn't count as legal incapacity.

Many places doctor patient privledge is a feature of common law not written law.

And besides, if the person not in room is not held to be spouse all the arguements vanish.

Its a Catch 22 best left to very skilled counsel

You didn't give us a clue as to why you think there are grounds for anullment.

If your spouse is gay and is impotent with members of opposite sex it might be an interesting case --but I'll bet its been argued before! No, I don't know outcome.

Sorry I meant to write if person in room is not spouse----

"You didn't give us a clue as to why you think there are grounds for anullment".

Actually, this poster has written many times before in attempts to receive an anullment rather than divorce...for unknown reasons.  She is trying to prove mental incompetence as cause as he has bi-polarism or something similar....which is not legal incompetence.