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.}} | ||
| − | As of August 15, 2015, | + | As of August 15, 2015, 5,659 reported state and federal court decisions referred to this 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:<ref>https://www.law.cornell.edu/rules/fre/rule_501</ref> | 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> | ||
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<references/> | <references/> | ||
| − | [[ | + | [[Category:Privileges]] |
Latest revision as of 18:30, September 10, 2018
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, 5,659 reported state and federal court decisions referred to this 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.