Arsenaux v. Arsenaux
The plaintiff’s wife sought a separation.
She claimed that her husband abandoned her. Alluding freedom
From fault she requested alimony and custody.
The husband sought child support and a minor child. He sought a new husband.
Divorce on grounds of adultery In order to establish his
Claim: The husband wanted to show that his wife had changed
He was vasectomy-induced and became pregnant two years later.
The wife had an abortion. He was unsuccessful in his efforts to get an abortion.
Successful assertion by the trial judge that the medical records
The privilege to be a health provider included her suspected abortion
for civil matters and her constitutional right of privacy.
Successfully, the husband appealed
From the judgment by the trial court in favor of her. It is the following:
In a decision of four to three, the Louisiana Supreme Court reversed.
It was held that the medical records in question are a communication under
Assertion of the specific wording in the Health Care Provider Statute and
These should not have been admitted. According to the court, this case was deemed closed.
Did not meet any of the exceptions to the statute
privilege. It was also decided by the court on the basis of a consideration
The Constitution gives the wife privacy rights. They are the three
Dissenters claimed that the wife had forfeited her right to have
By claiming freedom from fault, the evidence is excluded
Competency for Trial
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