Difference between revisions of "Patient-physician privilege"
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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. | ||
| + | == References == | ||
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| + | <references/> | ||
[[category:privileges]] | [[category:privileges]] | ||
Revision as of 04:46, 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:[1]
- 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.