Opinion

Canfield v. Sandock

  • 563 N.E.2d 526
  • 1990 Ind. LEXIS 243
  • 1990 WL 192071
Court
Indiana Supreme Court
Filed
Nov 27, 1990
Status
Published
Author
Pivarnik
On the bench
Debruler, Pivarnik, Shepard, Givan, Dickson
Cited by
54 cases

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.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.