Defendant’s Blood Alcohol Level Subject to Discovery: Baton Rouge

In Brent Arceneaux v. Geico Choice Insurance Company, et. al., 2022-CW-1045, the Louisiana First Circuit Court of Appeal reversed the trial court’s order that granted a protective order preventing the disclosure of the defendant’s blood alcohol level. The court further reversed the trial court’s sanction against the plaintiff and his attorney for requesting the defendant’s medical records.

Brent Arceneaux filed a personal injury claim against the defendant, Deven Thompson. The defendant filed a motion for a protective order and sanctions, seeking to avoid discovery of his blood alcohol level in his medical records. The trial court granted the motion for protective order and sanctioned the plaintiff and his attorney for requesting the information.

The First Circuit held that there is no healthcare provider-patient privilege against the disclosure of a patient’s blood alcohol level in a lawsuit for damages. La. Code Evid. art. 510(B)(2)(i). Moreover, the defendant presented no evidence of plaintiff’s willful failure to furnish notice to the defendant as required by Louisiana Revised Statute 13:3715.1; therefore, the court also reversed the sanction imposed on the plaintiff and his counsel.

However, the court upheld the trial court’s judgment quashing the subpoena and records deposition served on Our Lady of the Lake Regional Medical Center. The court found that the plaintiff failed to strictly follow the notice requirements of Louisiana Revised Statute 13:3715.1. The court remanded the matter back to the trial court to allow the plaintiff to seek the records by complying with the formalities prescribed in the statute.

In conclusion, a defendant’s blood alcohol level is subject to discovery through a proper request for medical records, and the plaintiff must strictly follow the requirements of La. R.S. 13:3715.1.

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