Changes

As of August 15, 2015, 453 reported state and federal court decisions referred to the "patient-physician privilege."

As of August 15, 2015, 453 reported state and federal court decisions referred to the "patient-physician privilege."

Federal courts, however, do not recognize a general patient-physician privilege.  Some limited protection in federal court for communications by a patient to a psychiatrist may be protected.  Federal Rules of Evidence simply protect privileges that are recognized by the "common law — as interpreted by United States courts in the light of reason and experience ...unless any of the following provides otherwise:

Federal courts, however, do not recognize a general patient-physician privilege.  Some limited protection in federal court for communications by a patient to a psychiatrist may be protected.  Federal Rules of Evidence simply protect privileges that are recognized by the "common law — as interpreted by United States courts in the light of reason and experience ...unless any of the following provides otherwise:<ref>https://www.law.cornell.edu/rules/fre/rule_501</ref>

:the United States Constitution;

:the United States Constitution;

:a federal statute; or

:a federal statute; or

:rules prescribed by the Supreme Court.

:rules prescribed by the Supreme Court.

But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.

But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.

[[category:privileges]]

[[category:privileges]]