Psychiatrist Records in criminal case

[msasson]

A few years back I was indicted for verbally threatening the life of my ex-boss (Larry). Larry went on to make some serious accusations regarding my past to the DA. The DA demanded from my lawyer that I would undergo a forensic investigation by a psychiatrist. I was sent to the psychiatrist and signed some release forms without knowing what was about to happen. Essentially, I was hypnotized and asked questions about the accusations. The accusations were false and the DA was satisfied. I was not aware I was hypnotized until years later. I recently demanded the records from the psychiatrist. He refuses to let me see them. He claims some legalities allow him to not show me the records. He is extremely nervous. He says that he will not show these records without a subpoena. Can he do that? On what basis can I get the subpoena?

Thanks

 

[jmacgregor]

You have a few problems that I can see right off. First, it is VERY unwise to sign any kind of release or waver form of any kind without knowing what it is that you are signing. However, what is done is done.
Secondly, how is it that you were hypnotized without knowing you were hypnotized? Lets start off with a few facts about hypnotherapy just to make sure we're on the right path here.

The first and foremost facts that go against your claim are that you can in fact lie while in hypnosis, you will never divulge secrets, and you will only reveal what you feel comfortable revealing to your hypnotherapist. Additionally, you can never be overpowered or controlled while in hypnosis and you can get up and walk away any time you desire. You are in complete control of your mind and your will. The hypnotherapist merely serves as a guide and you are fully conscious the whole time you are in hypnosis.
From a legal perspective, hypnotherapists are not authorized to treat psychotic, suicidal or homicidal patients.

In regards to your psychiatrist refusing to let you view your own personal medical records seems rather odd but not impossible nor necessarily illegal. You have a right, under almost all circumstances, to examine and obtain copies of your medical file. Your health care provider must also explain any abbreviations or codes used in your medical records. However, any healthcare provider can with hold your personal records when he/she believes that information would be harmful to your health, endanger the health and/or safety of another person, or when the health care information was compiled or used solely for the purposes of litigation. Note, however, that laws do vary from state to state.

 

[msasson]

Reply to jmacgregor

Thank you very much for your reply. It does help me a lot. As for the issue of hypnosis. First I am not sure if it was hypnosis. All I know is that I was in deep sleep and unaware of what was going on. During that session, he unusually set by an open window at the other side of the room. I remember starting to talk to him and just before I lost conscious I remember him telling me "Are you tired? Go to sleep". The only thing I remember after that is that I was talking to him again. When the session was over, I had a strong urge to hug him as if he was my father (which I love very much). I resisted. I shook his hand and left. However, as I was leaving I noticed that I am carrying a strong smell of the same perfume/Aftershave he was wearing.
I was definitely under. It may have been some sort of gas.
My ex-wife later asked me questions about my past and about things that happen to me which I never told her or anyone. She was giggling and said something about hypnosis and never trust a psychiatrist. I have not seen her for years. When I confronted my lawyer about it recently, he said that the Dr. is one of the best of what he did. He hinted that I would have to come to terms with the fact that I will never see the information retrieved in that session.
Are you aware of any procedure allowed or disallowed by law that I could have gone through? How do I file a motion/demand to see those records from my Dr.?

Thank you

 

[jon_]

Is this the DA or an assistant DA?

Note that testimony given under hypnosis is usually not admissible in court. The law depends upon which state the case is being tried.

 

[msasson]

Reply

It was the Assistant DA and whatever I said was never used. I assume it actually vindicated me. I want to see the records, but the Dr. refuses to show them to me on the basis of work byproduct and some other mumbo jumbo. Why is he so afraid? is it illegal in the state of California to do what he did? I am not after him and I told him so.

 

[Michael Wechsler]

Work byproduct? Not really sure what he is saying but it's pretty clear that they aren't thrilled to show it to you -- why not get the exact statement as to why and ask your attorney about it? Hard to say what privilege exists if it's being claimed...