Over the years, South Dakota has made tremendous strides in securing the physician-patient privilege
violations of the physician-patient privilege
, the constitutional right
103) This leaves courts the freedom to develop a federal common-law physician-patient privilege
if they so choose.
One hundred and twenty-eight years after the codification of the physician-patient privilege
, New York recognized the practice of psychology as a separate and unique profession (19) and subsequently enacted an evidentiary privilege protecting communications shared between a psychologist and a patient.
The military has always been explicit and intransigent in its non-recognition of any physician-patient privilege
Waiver of the physician-patient privilege
for any one physician or condition constitutes a waiver of the privilege to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.
4] These courts reasoned, among other things, that there is an underlying duty of loyalty or a fiduciary obligation that binds the physician to the patient despite the exceptions in the physician-patient privilege
and that there is or may be some residue of confidential information that the plaintiff did not consent to disclose by filing suit.
The Regians listed seven physicians who had no relevant information and, thus, possessed only information still protected by the physician-patient privilege
LEGAL COMMENTARY: New York was the first state to enact a physician-patient privilege
Although some may argue that Biddle is the beginning of the end for the physician-patient privilege
and attorney-client privilege, this is not the case.
In December 1999, the jury found in favor of Gordon Garner III, a former police officer with Gwinnett County, who sued a psychologist for violating the physician-patient privilege
In times past, given Maryland's reluctance to embrace the physician-patient privilege
, ex parte contacts with an adversary's treating physician may have been a valuable tool in the arsenal of savvy counsel.