Legal Definitions - physician–client privilege

Physician–client privilege refers to a legal principle that protects the confidentiality of communications between a patient and their doctor. This privilege ensures that information shared during the course of medical treatment or consultation cannot generally be disclosed in a legal setting, such as a courtroom or deposition, without the patient's explicit consent.

The primary purpose of this privilege is to encourage patients to be completely open and honest with their healthcare providers, knowing that sensitive medical details will remain private. This openness is crucial for accurate diagnosis and effective treatment. The right to assert this privilege belongs to the patient, who can choose to waive it if they wish.

Here are some examples illustrating the physician–client privilege:

• Personal Injury Lawsuit: Sarah is involved in a slip-and-fall accident at a grocery store and sues for damages, including emotional distress. The store's defense attorney attempts to subpoena her medical records from her psychiatrist, arguing that her emotional distress claims are exaggerated due to pre-existing conditions.

  How it illustrates the term: Sarah's attorney can invoke physician–client privilege to prevent the disclosure of her psychiatric records. These records contain confidential communications made for treatment purposes, and unless Sarah voluntarily waives this privilege, her psychiatrist cannot be compelled to share this sensitive information in court.

• Employment Discrimination Case: Mark files a lawsuit against his former employer, alleging discrimination based on a chronic health condition. During the discovery phase of the lawsuit, the employer's legal team attempts to depose Mark's primary care physician to inquire about the specifics of his diagnosis, treatment plan, and prognosis.

  How it illustrates the term: Mark can assert physician–client privilege to protect the detailed discussions and sensitive health information shared with his doctor. While his general condition might be relevant to the case, the specific, confidential communications about his health and treatment are protected unless Mark chooses to waive the privilege to support his claim.

• Child Custody Dispute: In a contentious child custody battle, one parent's lawyer attempts to subpoena the other parent's medical records from their therapist, hoping to find evidence of mental health issues that could impact their fitness as a parent.

  How it illustrates the term: The parent whose records are sought can invoke physician–client privilege. The confidential conversations and diagnoses made during therapy sessions are protected, preventing their disclosure in court unless the parent voluntarily waives the privilege or a specific legal exception (such as a court finding the parent's mental health is directly at issue and outweighs the privilege) applies.