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physician-patient privilege

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physician-patient privilege n. the right of a physician to refuse to testify in a trial or other legal proceeding about any statement made to him/her by a patient, on the basis that any communication between doctor and patient is confidential. A patient could sue the physician for damages if the doctor breaches the confidence by testifying. Of course, in most trials involving injuries the physician will testify with the plaintiff's permission. Note: when the defendant's physician examines the injured plaintiff, the plaintiff has given permission for that examination and potential testimony, so a plaintiff must be cautious in making statements. (See: confidential communication, privilege)



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The legislature created the physician-patient privilege "where none existed before," and provided for an explicit but limited scheme for the disclosure of personal medical information.
The court held, inter alia, that the legislature created the physician-patient privilege by statute "where none existed before, and [provided] an explicit but limited scheme for the disclosure of personal medical information.
No federal physician-patient privilege exists, and the existence and scope of such a privilege varies across states.
 
 
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