Legal Definitions - physician-patient privilege

Physician-Patient Privilege

Physician-patient privilege is a legal protection that safeguards the privacy of confidential communications between a patient and their medical professional specifically within the context of a legal proceeding, such as a lawsuit or a court hearing. Its primary purpose is to encourage patients to be completely open and honest with their doctors about their symptoms, medical history, and personal details without fear that these disclosures could later be used against them in court.

This privilege generally prevents a medical professional from being compelled to testify or disclose a patient's private medical information in court unless the patient chooses to waive this protection. It's important to understand that this privilege applies only to information shared for the purpose of medical diagnosis or treatment. Information unrelated to direct medical care may not be covered.

It's also distinct from general doctor-patient confidentiality (like that protected by HIPAA), which broadly protects medical information outside of legal proceedings. Physician-patient privilege is typically governed by state laws, meaning its specific rules and exceptions can vary significantly from one state to another.

• Example 1: A Personal Injury Lawsuit

  Imagine Sarah is suing a driver who caused a car accident, claiming severe back injuries. The opposing driver's attorney attempts to subpoena Sarah's orthopedic surgeon, hoping to question the surgeon about Sarah's medical history, including any pre-existing conditions or statements Sarah made during her treatment. Sarah can invoke the physician-patient privilege to prevent her surgeon from disclosing these private medical details in court, unless she has explicitly waived the privilege by putting her medical condition directly at issue in the lawsuit. This illustrates how the privilege protects patient communications within a legal dispute.

• Example 2: A Child Custody Dispute

  During a contentious divorce, Mark's ex-spouse tries to compel his therapist to testify in court about Mark's mental health and any discussions from their therapy sessions, hoping to portray him as an unfit parent. Mark can assert physician-patient privilege (which often extends to mental health professionals) to prevent his therapist from revealing confidential information shared during their sessions. This demonstrates the privilege's role in protecting sensitive personal information from being used in family court proceedings.

• Example 3: A Criminal Investigation

  Suppose David is under investigation for a crime. Prosecutors discover that David visited his primary care physician shortly after the alleged incident and suspect he might have discussed something relevant to the case, such as stress or an injury. The prosecution attempts to subpoena David's doctor to testify about what was discussed during that visit. David can invoke the physician-patient privilege to prevent his doctor from disclosing any medical information or conversations related to his treatment, reinforcing the idea that patients can seek medical care without fear of their doctors being forced to testify against them in criminal matters.