Difference between revisions of "Physician-Patient Privilege"
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+ | == Background == | ||
The physician patient privilege protects the communications a patient makes to the doctor from disclosure in court. The rationale behind this privilege is to encourage patients to be truthful in order to obtain the best and most accurate diagnoses. | The physician patient privilege protects the communications a patient makes to the doctor from disclosure in court. The rationale behind this privilege is to encourage patients to be truthful in order to obtain the best and most accurate diagnoses. | ||
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The privilege belongs to the patient, not the doctor. This privilege will only cover information given to a doctor for the purposes of obtaining treatment or diagnosis and not for any other type of consultations. | The privilege belongs to the patient, not the doctor. This privilege will only cover information given to a doctor for the purposes of obtaining treatment or diagnosis and not for any other type of consultations. | ||
− | + | == Waiver == | |
The physician patient privilege may be waived either directly by the patient, or if the patient's medical condition or information is "put in issue" by the case. However, even when an individual's mental or physical condition is in issue, courts generally will construe the waiver as narrowly as they can, for the protection of the patient. | The physician patient privilege may be waived either directly by the patient, or if the patient's medical condition or information is "put in issue" by the case. However, even when an individual's mental or physical condition is in issue, courts generally will construe the waiver as narrowly as they can, for the protection of the patient. |