Difference between revisions of "Physician-Patient Privilege"
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===France=== | ===France=== | ||
| − | In France, the physician-patient privilege is referred to as a professional secret. Medical privilege is held by the professional rather than the patient. This privilege is absolute, meaning that it cannot be waived.<ref>Evidentiary Privileges in International Arbitration, Mosk and Ginsburg, The International and Comparative Law Quarterly, Vol 50, No. 2 (Apr 2001) 345-385, 354.</ref> However, the concept of absolute privilege has only been upheld in criminal cases.<ref> | + | In France, the physician-patient privilege is referred to as a professional secret. Medical privilege is held by the professional rather than the patient. This privilege is absolute, meaning that it cannot be waived.<ref>Evidentiary Privileges in International Arbitration, Mosk and Ginsburg, The International and Comparative Law Quarterly, Vol 50, No. 2 (Apr 2001) 345-385, 354.</ref> However, the concept of absolute privilege has only been upheld in criminal cases.<ref>Daniel W. Shuman, The Origins of Physician Patient Privilege and Professional Secret, 39 Sw. L. J. 661, Note 1(1985).</ref>The civil branch of the Cour de Cassation has permitted waiver of the professional secret when the waiver is in the patient's best interest. Furthermore, though violation of the professional secret originally required malicious intent, it now only requires intentional conduct. |
| − | + | <Ref>French Criminal Code- available at http://ledroitcriminel.free.fr/la_legislation_criminelle/anciens_textes/code_penal_1810/code_penal_1810_3.htm</ref> | |
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===Switzerland=== | ===Switzerland=== | ||
