Before the court for disposition is the motion of defendant, Harjeet Kohli M.D., to strike objections to the issuance of subpoenas. For the reasons set forth below, the motion is hereby granted.
PROCEDURAL HISTORY
This matter commenced with the filing of a praecipe for writ of summons on July 12, 2000, followed by the filing of the complaint on September 21,2000. Thereafter, upon resolution of preliminary objections, plaintiff filed an amended complaint. In her amended complaint, plaintiff avers that the defendants were negligent in their
STATEMENT OF FACTS
This is a medical malpractice action arising from the death of minor decedent, Courtney Davis, in the emergency room of defendant Easton Hospital on July 18, 1998. The action is brought individually and on behalf of the estate of Courtney Davis, by her mother, Stephanie Davis. Plaintiff Stephanie Davis alleges that the defendants Daria Starosta D.O.; Harjeet Kohli M.D.;
DISCUSSION
1. Relevancy of Information — Agency Records
The plaintiff objects to the issuance of subpoenas on the grounds that the information sought goes beyond the scope of discovery pursuant to Pa.R.C.P. 4003.1. Defendant Kohli moves to strike plaintiff’s objections pursuant to Pa.R.C.P. 4003.1 contending the information sought is discoverable generally. Defendant Kohli relies on the principle that requests for discovery must be considered with liberality as the rule rather than the exception. Fitt v. General Motors Corporation, 13 D.&C.4th 336, 337 (Lacka. Cty. 1992). We agree.
2. Privilege of Information — Agency Records
The confidentiality statutes do not confer an absolute privilege to the requested records. See Commonwealth v. Ritchie, 509 Pa. 357, 502 A.2d 148 (1985). The agencies are permitted, under 23 Pa.C.S. §6340(b), to release the confidential records to the plaintiff both as the subject of the report and as a parent of the decedent. See also, V.B.T. v. Family Services of Western Pennsylvania, 705 A.2d 1325, 1333 (Pa. Super. 1998). It would give the plaintiff, Stephanie Davis, an unfair advantage in this litigation if plaintiff alone had access to this information. Accordingly, we have the authority to order the release of the requested information to plaintiff, Stephanie Davis, pursuant to V.B.T. Family Services of Western Pennsylvania.
Wherefore, we enter the following
And now, September 17, 2002, upon consideration of the motions to compel discovery and to strike objections, it is hereby ordered that:
(1) The objections to the subpoenas issued by the defendants to (a) Lehigh County Children & Youth Services, (b) Allentown Police Department, and (c) Pinebrook Services for Children & Youth are overruled, and the foregoing entities shall produce to Richard Abraham, Esquire, of Abraham, Bauer & Spalding PC., 1600 Market Street, Fifth Floor, Philadelphia, PA 19103, who is counsel for Stephanie Davis, the records relating to Courtney and/or Stephanie Davis within 20 days of the date of this order, unless the aforementioned entities make application to the court to prevent the disclosure; and
(2) Plaintiff’s counsel shall produce such records in their entirety to all counsel for the defendants within 10 days thereafter; and
(3) All parties and counsel are directed not to release any of the information produced under these subpoenas without prior approval of the court.
