Discovery: Production of Nonparty Medical Records

Wednesday, June 21, 2006
Contributed by: Charles A. Mallard

Disclosure of confidential communications between a physician and a patient is prohibited by Texas Rule of Evidence 509 and section 159.002 of the Texas Occupations Code.

A request for production that seeks medical records for nonparty patients is improper and can not be compelled, even where the requesting party agrees that the records may be "de-identified." The redaction of identifying information does not cure the privilege concerns raised by the parts of the records related to diagnosis, evaluation or treatment. The records are privileged in their entirety. In re: Tenet Healthcare, LTD., d/b/a Nacogdoches Medical Center and Lifemark Hospitals, Inc., 2006 WL 860076, (Tex.App. - Tyler 2006, orig. proceeding).

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.