finding implied waiver in part because plaintiff voluntarily took the witness stand and claimed that “his health was good prior to the accident”
How later courts described this case
- finding implied waiver in part because plaintiff voluntarily took the witness stand and claimed that “his health was good prior to the accident”
- when a patient introduces medical testimony about an ailment, he waives privilege as to that ailment
- analogous physician-patient privilege waived when, for 24 example, litigant permits their doctor to testify about their injuries
- “The [physician-patient] privilege is for the benefit of the patient. . . .”
Written by the judges who cited it.
The opinion
On Rehearing.
[En Banc. June 1, 1953.]
Per Curiam.
Upon a rehearing En Banc, a majority of the court adheres to the Departmental opinion heretofore filed herein.