A.R.S. 12-2235 Interpretation

In Arizona, statutory provisions protect the privacy of a person's communications with medical professionals and his or her medical records. E.g., Arizona Revised Statutes ("A.R.S.") § 12-2235 (2003) (physician may not testify in civil action regarding patient communications without patient consent); A.R.S. § 12-2292 (Supp. 2012) (medical records are privileged and confidential and may not be disclosed without patient's written authorization).

Nevertheless, a party will be deemed to have waived or consented to the disclosure of such privileged communications and records by "pursuing a course of conduct which is inconsistent with the observance of the privilege, such as by placing the underlying medical condition at issue as a claim or an affirmative defense." Blazek, 177 Ariz. at 541, 869 P.2d at 515 (citations omitted);

See also Duquette v. Superior Court In and for Cnty. of Maricopa, 161 Ariz. 269, 272, 778 P.2d 634, 637 (App. 1989) (holder of physician-patient privilege impliedly waives "only his right to object to discovery of pertinent medical information") (emphasis in original).