Difference between revisions of "Patient-physician privilege"

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The '''patient-physician privilege''' protects confidentiality of communications by a patient to a physician under certain circumstances, in certain courts.  Its origin can be traced back nearly 2500 years to the [[Oath of Hippocrates:
 
The '''patient-physician privilege''' protects confidentiality of communications by a patient to a physician under certain circumstances, in certain courts.  Its origin can be traced back nearly 2500 years to the [[Oath of Hippocrates:
 
{{cquote|All that may come to my knowledge in the exercise of my profession [as a physician] … which ought not to be spread abroad, I will keep secret and never reveal.}}
 
{{cquote|All that may come to my knowledge in the exercise of my profession [as a physician] … which ought not to be spread abroad, I will keep secret and never reveal.}}
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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.
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As of August 15, 2015, 453 reported state and federal court decisions referred to the "patient-physician privilege."
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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:
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:the United States Constitution;
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:a federal statute; or
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:rules prescribed by the Supreme Court.
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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]]

Revision as of 04:44, August 15, 2015

The patient-physician privilege protects confidentiality of communications by a patient to a physician under certain circumstances, in certain courts. Its origin can be traced back nearly 2500 years to the [[Oath of Hippocrates:

“ All that may come to my knowledge in the exercise of my profession [as a physician] … which ought not to be spread abroad, I will keep secret and never reveal. ”

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:

the United States Constitution;
a federal statute; or
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.