Doctor patient privilege - sustany/dvg GitHub Wiki

Doctor-patient privilege, also known as�physician-patient privilege, refers to a confidential communication between the doctor and the patient that receives protection from�disclosure.

Common law�does not recognize doctor-patient privilege, but the privilege exists in all jurisdictions through statutory language. However,�legislatures have created many statutory exceptions to the privilege such that the ability to protect confidential information has greatly diminished. The�Federal Rules of Evidence Rule 501�affords the privilege to a psychotherapist and patient relationship but contains no general doctor-patient privilege.

The statutorily created privilege between the physician and the patient ensures that the patient can fully disclose confidential information regarding one�s illness without the fear of compromising one�s privacy. The courts are split on how far the privilege should reach � some favor a liberal interpretation while others view that the statutory language should be given a narrow reading.

A confidential communication between the physician and the patient is afforded privilege only when the communication was made in the course of a professional relationship. The information that the physician gathers about the patient�s condition in the absence of a professional relationship is not given protection from disclosure.��

Where there is no statutory doctor-patient privilege, confidentiality may be implied from contractual language between the physician and the patient. When a patient implicitly waives one�s doctor-patient privilege by filing a lawsuit based on one�s medical health, the patient only waives the privilege to the matters that are causally relevant to the patient�s medical condition at issue.��������

Doctor-patient privilege differs from doctor-patient confidentiality, which protects a patient�s medical records and information outside of the context of a lawsuit. This protection is granted by state and federal statutes, such as the HIPAA Privacy Act.

Illustrative Cases:

See e.g., In re Bess Z., 27 A.D.3d 568� N.Y.S.2d 140 (N.Y. App. Div. 2006); Equal Employment Opportunity Commission v. Peters' Bakery (N.D. Cal. 2014)