Difference between revisions of "Physician-Patient Privilege"

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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.
  
*Patient Litigant exception- Many statutes have an exception for "patient-litigant" situations, in which a patient is a litigant in the suit and has put her medical condition in issue. Because the medical condition is at issue, the physician patient privilege is waived.  
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*'''Patient Litigant exception'''- Many statutes have an exception for "patient-litigant" situations, in which a patient is a litigant in the suit and has put her medical condition in issue. Because the medical condition is at issue, the physician patient privilege is waived.  
  
*Public Safety exception- If a physician believes that a patient may be dangerous to others, several state statutes allow him to disregard the patient's privilege and warn the authorities, as well as the victim(s).
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*'''Public Safety exception'''- If a physician believes that a patient may be dangerous to others, several state statutes allow him to disregard the patient's privilege and warn the authorities, as well as the victim(s).
  
 
== Psychotherapist Patient Privilege ==
 
== Psychotherapist Patient Privilege ==

Revision as of 13:01, 4 October 2010