applying the privilege to a claim of breach of confidentiality by a doctor’s testimony in patient’s malpractice case, and citing cases applying the privilege to claims of, inter alia, civil conspiracy, assault and battery, mutilation of a corpse, intentional infliction of emotional distress, and malicious use and abuse of process
How later courts described this case
- applying the privilege to a claim of breach of confidentiality by a doctor’s testimony in patient’s malpractice case, and citing cases applying the privilege to claims of, inter alia, civil conspiracy, assault and battery, mutilation of a corpse, intentional infliction of emotional distress, and malicious use and abuse of process
- discussing cases from other jurisdictions that recognized a breach of confidentiality claim where there were extra- judicial disclosures of information
- noting that a majority of jurisdictions recognize a cause of action for breach of the physician-patient privilege where extra-judicial disclosures of confidential information have been made
- rejecting a cause of action for breach of confidentiality brought against a doctor who had ex parte pretrial discussions with medical malpractice defendant’s attorney and testified at trial as an expert witness
Written by the judges who cited it.
The opinion
DEL SOLE, Judge,
concurring:
I join the majority in all respects save one. I agree that when a patient files a lawsuit claiming personal injury, that patient has consented to the disclosure of relevant medical information by treating physicians. Therefore, there was no breach of the duty of confidentiality by Dr. Krane in this case. There being no breach of a duty, there can be no claim against the remaining defendants for inducing the disclosure. Also, I agree that judicial proceeding immunity would protect all of the defendants from claims for defamation.
I would not reach the issue of whether judicial proceeding immunity protects a person from liability for breaching a duty of confidentiality. It is not necessary to address that issue in this case. Also, since the claim in a breach of confidentiality case is based upon the fact something was disclosed, not what was disclosed, I seriously question whether immunity would be available in those situations.