Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

A question sometimes asked in Florida family law cases is “Will I be required to provide my medical records to the opposing party?” The answer depends on what is at issue in your case. Even if your medical records are deemed to be relevant, the Court still must recognize a party’s right to privacy regarding medical records. This was an issue in the case Whittington v. Whittington, 1D21-2117 (Fla. 1st DCA December 15, 2021).

In this case, the petitioner sought a writ of certiorari to quash a trial court order that required production of her personnel and mental health records. The petitioner argued the records were privileged and that an in-camera review of them should have been required before she was ordered to turn them over. The appellate court agreed with her.

The court noted that at the outset, “In determining whether privileged records are subject to disclosure, the inquiry is whether there is an applicable statutory exception or there has been a voluntary or involuntary waiver.” Here, a statutory and case law privilege applied to the records: “The records at issue are privileged and protected by statute and case law. See Ricketts v. Ricketts, 310 So. 3d 993, 996 (Fla. 2d DCA 2020) (‘Florida law is clear that a person’s medical records enjoy a confidential status.’ (quoting S.P. ex rel. R.P. v. Vecchio, 162 So. 3d 75, 79 (Fla. 4th DCA 2014))); see also Brooks v. Brooks, 239 So. 3d 758, 761–62 (Fla. 1st DCA 2018) (‘Florida law cautions against allowing the discovery of entire personnel files, because of the potential of disclosing irrelevant information that could cause irreparable harm.’); § 456.057(7)(a), Fla. Stat. (2021); § 90.503(2), Fla. Stat. (2021).”

The court concluded: “Additionally, by failing to require an in camera review to ensure that only relevant records are produced, the trial court also departed from the essential requirements of law in this respect.” If you are wondering if you will be required to produce certain records in your Florida family law case, contact a Miami family law attorney for help.