Civil Litigation
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Viveiros v. Cooper
27 Fla. L. Weekly D2562 (Fla. 4th DCA December 6, 2002)
When determining whether to compel disclosure of substance abuse treatment records, a court may require disclosure if the objecting party fails to provide a privilege log or if an in camera inspection of the records reveals that a psychotherapist-patient privilege does not apply. If the court decides the privilege applies to any of the records, it must then determine whether the requesting party has shown good cause for disclosure by examining whether the public interest and the need for disclosure outweigh the potential injury to the client, to the service provider-client relationship, and to the service provider itself as mandated in Section 397.501(7)(a), Florida Statutes (2001).
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