R.K. v. Ramirez

in which PHILLIPS, Chief Justice, HIGHTOWER, HECHT, CORNYN, GAMMAGE and SPECTOR, Justices, join.

In this original proceeding we consider the scope of the litigation exceptions to the physician-patient and mental health information privileges. Tex.R.Cxv.Evid. 509(d)(4), 510(d)(5). Relator, R.K., is a physician and a defendant in the underlying medical malpractice suit. R.K. contends that the trial court abused its discretion by ordering him to disclose certain medical and mental health records to the plaintiffs, Heriberto and Maria Cadena; despite his assertion of the privileges in Texas Rules…