.... In Koump v Smith ( 25 N.Y.2d 287), we noted that a litigant does not waive the physician-patient privilege merely by defending a personal..., indicating a blood alcohol level of .27%, were ruled inadmissible at defendant's criminal trial, the court concluding that the test results were protected by the physician-patient privilege and that the...(CPLR 3122), asserting the physician-patient privilege (CPLR 4504). Supreme Court denied plaintiffs' motion and granted defendant's cross...

...assert the physician-patient privilege; (2) whether the physician-patient privilege protects the hospital's records; (3) whether the physician-patient privilege has been waived by the hospital or the...protected at common law ( The Physician-Patient Privilege, 56 Nw. U.L. Rev. 263(1961)), the State of Illinois has created a statutory protection for certain information obtained by a physician in..., par. 5.1. The plaintiffs in the instant case argue that the statute only permits the physician or surgeon to assert the privilege on behalf of the patient. Thus...

...), 42 Ohio St.3d 136, 538 N.E.2d 373. Failure to Assert Physician-Patient Privilege In...his first proposition of law, appellant argues that trial counsel were ineffective in failing to object to or prevent testimony protected by the physician-patient privilege of...R.C. 2317.02(B). Appellant contends that his trial counsel simply missed the issue of physician-patient privilege and that his trial counsel never deliberately made a tactical decision...

...appellee. 1. PRIVILEGED COMMUNICATION — Physician-Patient Privilege — Derogation of Common Law — Strict Construction.... — The grant of physician-patient privilege by statute in Indiana is in derogation of the common law, and therefore the Indiana Supreme...Court has felt constrained to give the statute a strict construction. p. 234. 2. PRIVILEGED COMMUNICATION — Physician-Patient Privilege — Existence of a Formal Relationship...

...obtained in violation of the physician-patient-privilege under the Texas Medical Practice Act, Tex.Rev.Civ. Stat. Article 4495b, § 5.08. The trial court granted appellee's motion and found that...right to privacy in medical records exists regardless of the status of the physician-patient privilege in Texas. 2. Prior cases...expectation of privacy in physician-patient communications, generally, does not necessarily mean that medical records would carry an expectation of privacy in every situation. Nevertheless, while Comeaux and Richardson are not binding, we may look to those opinions for their persuasive value. With that consideration in mind, we address the privilege and...

...a writ of mandamus to compel respondent court to order Dr. Catton to answer the questions. The Physician-Patient Privilege [1...any time give him any such advice or treatment; so that there wasn't that usual physician-patient relationship." He also filed an affidavit in which he averred that he "has not at any time prescribed for or treated the said James Hession as a patient or otherwise." Under such circumstances there is no physician-patient privilege under...and whose testimony is material in said action shall testify. . . ." [2] Even if there had been a physician-patient relationship, the privilege would be waived under...

...reaction reports on the ground that such reports constituted confidential communications by various physicians and that their production would be violative of the physician-patient privilege. Defendants..., 465 P.2d 854].) The novel question confronting us is whether a third party recipient of confidential information from a physician may assert the physician-patient privilege. Plaintiff...report must be held discoverable. Defendants urge that the answer must be in the affirmative and the reports held privileged from disclosure under the physician-patient privilege. (3...

...performed. The Wards refused to limit the scope of the deposition, and Debski filed a motion for a protective order, arguing that the physician-patient privilege protected his right to privacy with...regard to his own medical information. The Wards opposed the motion and detailed why they believed that Debski could be the source of exposure. They contended that the physician-patient privilege did...disease and (3) how and when he became aware that he had the disease. The trial court granted the protective order, finding that the doctor had standing to assert the physician-patient privilege in...

...determine if the physician-patient privilege set forth in MCL 600.2157; MSA 27A.2157 prevents the defendant hospitals from disclosing the identity of unknown third-party patients. We hold that the names of...unknown patients are protected by the physician-patient privilege, and that defendant hospitals have a duty to refrain from disclosure. We also review the Gregory trial court's order that the...privilege provided in this section as to another physician who has treated the patient for the injuries, disease, or condition. If a patient has died, the heirs at law of the patient, whether proponents or...

...of violence” under Section 527.6, former subdivision (a) was inadmissible multiple hearsay protected by the physician-patient privilege. Recently...satisfy her burden to demonstrate that statements she made to a nurse at Pacific Family Medical Center were covered by the physician-patient privilege set forth in Evidence Code section 990 et seq... At the hearing, Kamps's attorney objected to the police report “based on hearsay and doctor/patient privilege.” The court overruled the physician-patient objection, noting, “there is no...

.... Subsequently, Arctic Motor submitted a motion for an order waiving Stover's physician-patient privilege. Petitioner Arctic Motor now seeks review of the waiver orders which were entered by the...superior court. The gist of petitioner's contentions is that the questioned orders are too restricted in the extent to which they waive the physician-patient privilege of Harold Stover.... Hilderbrand, 416 P.2d 8 (Alaska 1966), that the filing of a personal injury action results in the plaintiff's waiver of his physician-patient privilege. Of controlling significance here is that portion of...

...violated the physician-patient privilege by admitting certain medical evidence and that the evidence was insufficient to support a finding of criminal recklessness. We disagree and, finding no reversible...testimony by Dr. Warneke, the passenger's treating physician after the accident. Miles argued evidence of the passenger's post-accident treatment was precluded by the physician-patient privilege, which the...); 13-1204(A)(1). ¶ 7 As he did below, Miles contends the trial court erred in admitting the foregoing evidence because the passenger did not waive his physician-patient privilege. Without...

...warrants without a determination of whether the medical records to be seized were subject to the physician-patient privilege, alleging that such seizures violated the fourth amendment. Appellees...circumstances not involving a search warrant, it has been held in Arizona that a hospital has the duty to assert the physician-patient privilege when neither the physician nor patient is present...assert the physician-patient privilege when served with a search warrant for medical records. Arizona has adopted physician-patient privilege statutes for both civil and criminal...

...produce medical records. Rule to show cause issued. Rule Discharged 2. Physician-Patient Privilege — Eliminated or...Limited. By statutory amendment and judicial interpretation far reaching effects of the physician-patient privilege have been eliminated or limited because in many instances injustice can be...caused by application of the privilege. 3. Physician-Patient Privilege — Production of Hospital Records — Proper — Identity — Removed. Where...

...grant transfer to decide whether the trial court may compel the production of the medical records of non-party patients who have not waived the physician-patient privilege. We hold that when all the...information regarding the identities of these non-party patients has been redacted from the records, production of the medical records will not violate the physician-patient privilege. Linda..., (Defendant-Appellants below), (collectively "the hospital") were able to assert the physician-patient privilege to preclude the production of the non-party medical records even if the patient...

.... 1. Physicians and Surgeons — Privileged Communications — Statutes Like the attorney-client privilege, the physician-patient privilege is meant to...— Statutes The physician-patient privilege parallels the Hippocratic oath in recognizing that much of what a physician learns from his patient may be both embarrassing and of little real consequence to...society. RSA 329:26. 3. Physicians and Surgeons — Privileged Communications — Statutes The physician-patient privilege protects statements made to a physician for purposes of treatment...

...the requested dental records since they were protected by the physician-patient privilege ( 735 ILCS 5/8-802 (West 2000)). 326 Ill. App. 3d at...the Department. Defendants waived service of summons and answered the complaint by asserting the physician-patient privilege as an affirmative defense. Both parties thereafter moved for summary..., the appellate court found that dentists are surgeons and, accordingly, the physician-patient privilege held by patients is applicable to them. 326...