Patient-physician privilege

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:

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.