Can a court order the publication of the name and address of a patient who allegedly raped a patient at a mental health facility?

California, United States of America


The following excerpt is from Scull v. Superior Court, 206 Cal.App.3d 784, 254 Cal.Rptr. 24 (Cal. App. 1988):

Likewise, in County of Alameda v. Superior Court, supra, 194 Cal.App.3d 254, 239 Cal.Rptr. 400, a patient in a mental hospital sued the county for injuries allegedly suffered when she was raped by another patient at a mental health facility operated by the county. She sought to discover the name and address of the patient she claimed had raped her. The county opposed the request upon the ground of privilege.

The court upheld the order of the lower court which allowed for discovery of the information. It ruled that the patient's interest in confidentiality must yield where the victim had no other means available to identify her assailant. (County of Alameda v. Superior Court, supra, 194 Cal.App.3d at p. 261, 239 Cal.Rptr. 400.)

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