Affluenza psychologist must turn over records for Couch civil case

Lari Barager provides a useful reminder as to how mental health records can lose their confidentiality protection:

The psychologist who presented the controversial “affluenza” defense for teenager Ethan Couch has been ordered to turn over his records for a civil trial.

Dr. Dick Miller treated Couch and his parents after the 16-year-old killed four people in a drunk driving crash in June 2013.


Couch’s parents sought a protective order and claimed the records were protected by attorney/client privilege.

A Fort Worth court of appeals denied that protective order on Tuesday.

The court said the records are no longer protected because Miller testified in open court during Couch’s hearing.

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