Dudley v. Jefferson Circuit Court (Stevens)Annotate this Case
Appellant Sarah Dudley filed suit against real parties in interest Erdagon Atasoy, M.D., and Kleinert Kutz and Associates for alleged negligent diagnosis, care, and treatment related to Dudley's adverse reaction to an injection in her shoulder. In a discovery request, the real parties in interest sought appellant's medical records, including her psychiatric records. Appellant filed a motion for a protective order to prevent her psychiatric records from being subject to discovery. Judge Olu Stevens denied appellant's motion, finding that her physical and mental condition was at the heart of her claims. Appellant then filed for a writ of prohibition against Judge Stevens to prevent the discovery of her psychiatric records. The court of appeals denied appellant's petition. Appellant appealed, arguing that her records were subject to the psychotherapist-patient privilege under Ky. R. Evid. 507(b). The Supreme Court affirmed, holding that appellant waived her psychotherapist-patient privilege because she asserted her mental condition as part of her claim and that Judge Stevens did not err by denying appellant's motion for a protective order.