Opinion

Horne v. Patton

  • 291 Ala. 701
  • 287 So. 2d 824
  • 1973 Ala. LEXIS 1178
Court
Supreme Court of Alabama
Filed
Dec 6, 1973
Status
Published
Author
Merrill
On the bench
Heflin, Harwood, Jones, Merrill, Maddox, Faulkner, McCall
Cited by
63 cases

holding that a medical doctor is under a general duty not to make extra-judicial disclosures of information acquired in the course of the doctor-patient relationship and that a breach of that duty will give rise to a cause of action

How later courts described this case

  • holding that a medical doctor is under a general duty not to make extra-judicial disclosures of information acquired in the course of the doctor-patient relationship and that a breach of that duty will give rise to a cause of action
  • finding that breach of duty not to make extra-judicial disclosures of information acquired in the course of the doctor-patient relationship will give rise to a cause of action
  • those states which had enacted a physician/patient testimonial privilege statute were almost uniform in allowing the cause of action for breach of confidentiality, those which had not enacted such a statute were split on that issue
  • allowing privacy, fiduciary, and contract causes of action to proceed against physician for disclosure of confidential information

Written by the judges who cited it.

The opinion

MERRILL, Justice

(concurring specially) :

I would treat any reference in the pleadings to the Hippocratic Oath as surplusage because I do not think that it has any bearing on the cause of action. I think a cause of action is averred regardless of whether the patient had ever known that there was such an oath, or whether he was able to state a single provision of the oath.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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