Legal Opinion

Pina v. Espinoza

New Mexico Court of Appeals

Decided June 29, 2001No. 20,738PublishedCited by 21 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This case requires us to decide the extent to which a plaintiff in a personal injury action may be required to disclose confidential communications contained in her medical records. We take this opportunity to set out guidelines for discovery of physician-patient communications when the plaintiff has placed a medical condition at issue. Because we conclude that the trial court abused its discretion in ordering Plaintiff to execute a blanket release, we reverse.

BACKGROUND

{2} Plaintiff sued Defendant alleging, inter alia, that Defendant’s vehicle rear-ended Plaintiffs…

2Cases cited14 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. Cypress Media, Inc. v. City of Overland ParkSupreme Court of Kansas · 2000
  3. Painewebber Group, Inc. Painewebber, Inc. Mitchell Hutchins Asset Management, Inc. William J. Reik, Jr. William D. Witter, Inc. v. Zinsmeyer Trusts PartnershipCourt of Appeals for the Eighth Circuit · 1999
  4. Hughson v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  5. In Re Roger NovakCourt of Appeals for the Eleventh Circuit · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Boyd v. Comdata Network, Inc.Court of Appeals of Tennessee · 2002
  2. Allen v. LeMasterNew Mexico Supreme Court · 2011
  3. Anaya v. CBS Broadcasting, Inc.District Court, D. New Mexico · 2007
  4. Alcon v. SpicerSupreme Court of Colorado · 2005
  5. Santa Fe Pacific Gold Corp. v. United Nuclear Corp.New Mexico Court of Appeals · 2007

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API