Supreme Court of Alabama
Ex Parte Northwest Alabama Mental Health Center and Skip Newman. (In Re Sheila Yaw, as Mother and Next Friend of…
February 25, 201168 So. 3d 792
Summary
The court granted mandamus and directed the trial court to vacate its order compelling production of a mental-health patient's records. It held that the psychotherapist-patient privilege contained no applicable exception for public safety, necessity to prove a civil claim, or relevance, and that the record did not establish waiver through an insanity defense or competency proceedings. Justice Murdock, concurring specially, would not decide whether the requirement that the privilege be asserted on the patient's behalf involves more than the presumption of the psychotherapist's authority.