Study the privilege that protects private conversations between physicians/psychotherapists and their patients, as well as how the privilege is asserted or waived and the exceptions to the privilege.
In evidence law, privileges are rules that keep certain types of evidence out of courts based on the relationship between one of the parties and another person. Typically, a privilege protects confidential communications against disclosure in order to encourage and preserve that relationship. Today, we’ll be discussing physician-patient privilege, which protects communications between a party and his or her physician.
To start off our discussion, we’ll first take a look at the policy behind...