103) This leaves courts the freedom to develop a federal common-law physician-patient privilege if they so choose.
Congress and federal courts have thus far chosen to weigh the balance on the side of admissibility of medical records and have not enacted a federal physician-patient privilege.
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.
25) Nearly two hundred years later, the New York Court of Appeals listed three core objectives of the physician-patient privilege as (1) "[maximization of] unfettered patient communication with medical professionals;" (2) "candid.
The military has always been explicit and intransigent in its non-recognition of any physician-patient privilege
Nevertheless, pitfalls such as the physician-patient privilege
and your own liability exposure must be considered beforehand.
Other courts have rejected the idea that, even though the patient waived the protection of the physician-patient privilege
by filing suit, there is still something in need of protection that requires that ex parte communications by defense counsel be prohibited.
The Regians listed seven physicians who had no relevant information and, thus, possessed only information still protected by the physician-patient privilege
To that end, the court held that if a party objects to the production of medical records and the State can establish a legal right to override the physician-patient privilege
, a trial court is required to conduct an in-camera review.
Editor's Note: It is respectfully submitted that the concurring judge was justifiably concerned about abrogation of the physician-patient privilege
Accordingly, the issue with which the federal court in New York was faced with was whether the records were, in fact, protected by the physician-patient privilege
The court held, inter alia, that the subpoenas must be quashed in so far as they required the subpoenaed hospitals to divulge information protected by the physician-patient privilege