subpoenaed records

Last year, a court decision in California allowed a mental health patient to sue a defense attorney who had obtained her mental health records from her therapist. The patient was the chief accuser against the attorney's client in a criminal sexual battery case.

I was somewhat shocked that the therapist had released this information. When a therapist's records on a patient are subpoenaed by an attorney, one would think doctor-patient privilege would come into play. Could you discuss this issue. Shouldn't the therapist have refused to release the records?

• subpoenaed records by John Burik , 11/5/98
• Not always as they seem by William Reid, 11/5/98