Legal Definitions - patient–physician privilege

Patient–physician privilege is a legal principle that protects confidential communications between a patient and their doctor from being disclosed in court or other legal proceedings without the patient's consent. This privilege belongs to the patient, meaning they have the right to prevent their physician from testifying about private medical information shared during their professional relationship.

The primary purpose of patient–physician privilege is to encourage patients to be completely open and honest with their healthcare providers. This openness is crucial for accurate diagnosis and effective treatment, as patients can share sensitive details about their health without fear that this information will be revealed publicly in a legal context.

Here are some examples illustrating patient–physician privilege:

• Example 1: Personal Injury Lawsuit

  Imagine Sarah is severely injured in a car accident and sues the at-fault driver for damages. During the discovery phase of the lawsuit, the defendant's lawyer attempts to subpoena all of Sarah's past medical records, including sensitive information about a mental health condition she was treated for years ago, which is unrelated to her current injuries. The lawyer hopes to find something to discredit her claim or character.

  How it illustrates the term: Sarah can invoke patient–physician privilege to prevent the disclosure of her unrelated mental health records. She can argue that only medical information directly pertinent to the injuries sustained in the accident is relevant, and her broader medical history remains confidential under the privilege, unless she chooses to waive it for those specific records.

• Example 2: Criminal Investigation

  Suppose Mark is a suspect in a non-violent criminal investigation. Police believe that Mark's primary care physician might have information about a chronic illness Mark suffers from, which they think could be relevant to his alibi or state of mind at the time of the alleged offense. The police attempt to compel the physician to provide Mark's medical history.

  How it illustrates the term: Mark can assert patient–physician privilege to prevent his doctor from disclosing the confidential details of his medical condition. Unless Mark waives this privilege, or there is a very specific, legally recognized exception (such as a court order indicating a direct threat to public safety), the physician cannot be forced to reveal what was discussed or recorded during their professional interactions.

• Example 3: Divorce Proceedings

  Consider a contentious divorce case where one spouse, David, attempts to obtain the mental health records of his estranged wife, Lisa, from her therapist. David believes these records might contain information that could be used to challenge Lisa's fitness as a parent or her financial claims.

  How it illustrates the term: Lisa can invoke patient–physician privilege (which typically extends to communications with mental health professionals) to protect her therapy records. Unless Lisa voluntarily waives this privilege, or a court determines that her mental health is directly and critically at issue in the custody dispute (and even then, with strict limitations), her therapist cannot be compelled to disclose the confidential contents of their sessions.