Motion to Exclude Plaintiff's Mental Health Records

Motion in Limine Exclude Metal Health Records


- Plaintiff,


DAVIS MONROE, M.D., et al.
- Defendants.

Case No. CAL-12-133213


Plaintiff, Kristen Carlton moves to exclude any evidence of any mental health treatment the Plaintiff may have received in the past and in support thereof states as follows:


This case involves a claim of medical negligence arising out of a gall bladder operation performed by Defendant Monroe on January 31, 2012. Plaintiff was a 55 year old retired woman who presented to the hospital with complaints of abdominal pain.

She was diagnosed with an infection and inflammation of the gallbladder. Dr. Monroe performed the gallbladder removal surgery and, Plaintiff alleges, cut and clipped the common bile duct, as well as cutting and clipping the cystic duct.

Plaintiff claims that Dr. Monroe breached the standard of medical care when she placed a clip(s) on and cut the Plaintiff’s common bile and cystic ducts, causing her a physical injury resulting in multiple procedures and a Roux-en-Y procedure.

The Defendant filed Notices of Depositions Duces Tecum to all of the Plaintiff’s medical providers. These subpoenas requested not only medical records but all mental health records. On July 15, 2013, this Court denied the Plaintiff’s Motion to Quash these subpoenas and the Defendant proceed to subpoena all of the Plaintiff’s mental health records in what can only be described as a “fishing expedition.”

Plaintiff requested copies of any and all records received by the Defendant in response to her subpoenas which including the Plaintiff’s mental health records. As of this date no mental health records have been produced.

The “fishing expedition” is over. The Defendant has not suggested nor proffered that any of the Plaintiff’s mental health care that she may have received in the past is relevant to any claim or defense in this case.

Discovery is over. Trial is four weeks away and the Plaintiff now incorporates by reference her previously filed Motion for a Protective Order into this Motion In Limine and requests that this Honorable Court preclude the Defendant from making any inquiries into the mental health treatment the Plaintiff may have received in the past.

For the reasons advanced above, Plaintiff asks that this court preclude any evidence of mental health treatment the Plaintiff may have received in the past.

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