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In a federal civil-rights case, Defendant seeks Plaintiff's confidential therapy notes from a licensed psychotherapist and ordinary treatment notes from Plaintiff's family physician. Plaintiff asserts federal common-law privilege over both categories.
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The privilege belongs only to the government. Every medical communication is privileged in federal court. Federal common law recognizes a psychotherapist-patient privilege for confidential communications made for diagnosis or treatment, but it does not generally recognize a broad physician-patient privilege. Psychotherapist privilege is automatically waived whenever a patient files any lawsuit.

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