observing that “the ethical rules of the medical profession . . . prohibit disclosure of confidential information in non-judicial settings” and that the “Hippocratic Oath imposes on physicians a duty to maintain confidences acquired in their professional capacity”
How later courts described this case
- observing that “the ethical rules of the medical profession . . . prohibit disclosure of confidential information in non-judicial settings” and that the “Hippocratic Oath imposes on physicians a duty to maintain confidences acquired in their professional capacity”
- recognizing "that most cases will not lend themselves to such simple resolution” as to the extent of the waiver of the privilege
- "[M]edical information which is unrelated to the condition in issue and irrelevant to the cause remains privileged and therefore protected from discovery."
- by bringing personal- injury claim, plaintiff waived physician-patient privilege as to matters causally and historically related to the condition at issue and directly medically relevant to claim, counterclaim, or defense
Written by the judges who cited it.
The opinion
PIVARNIK, J.,
dissents.
I dissent. I would deny transfer or grant transfer and affirm the Court of Appeals.