Article

Status of the Physician‐Patient Privilege

Authors: PEGGY L. BUNCH JD, CARLA DOWBEN JD

Abstract

ABSTRACT:While in most states information physicians obtain from and about patients is confidential and cannot be disclosed without the patient's permission, a recent California Supreme Court decision affirms that when the doctor reasonably believes his patient can cause violent harm to third persons, he has an overriding duty to warn the third parties and appropriate authorities. Such possible violent harm may be direct, such as physical assault, or indirect, such as an automobile accident resulting from driving while taking certain drugs. The duty to break the privilege of confidentiality does not apply when the injury is likely to be self-inflicted or involve only property damage.

This content is limited to qualifying members.

Existing members, please login first

If you have an existing account please login now to access this article or view purchase options.

Purchase only this article ($25)

Create a free account, then purchase this article to download or access it online for 24 hours.

Purchase an SMJ online subscription ($75)

Create a free account, then purchase a subscription to get complete access to all articles for a full year.

Purchase a membership plan (fees vary)

Premium members can access all articles plus recieve many more benefits. View all membership plans and benefit packages.

References