Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

The privilege was not recognized under common law. This privilege is statutory and is based on the policy of encouraging full disclosure to aid in the effective treatment of illness. Most states only allow the privilege to be asserted in civil actions. This privilege is held by the patient. The following elements must be established in order to claim the privilege: (1) Physician; (2) Communications and information obtained; and (3) Professional consultation. The privilege does not apply in suits for personal injury by a patient, for competency, for guardianship, for commitment proceedings, for deceased patients, for malpractice cases, and for illegal purposes.


The physician-patient privilege did not exist at common law; it was created by statute, with New York having the first such statute in the nation, now codified at CPLR 4504 (see Matter of Grand Jury Investigation in N.Y. County, 98 NY2d 525, 529, 779 NE2d 173, 749 NYS2d 462 [2002]; Dillenbeck v Hess, 73 NY2d 278, 283, 536 NE2d 1126, 539 NYS2d 707 [1989]). That statute provides that, 'unless the patient waives the privilege, a person authorized to practice medicine . . . shall not be allowed to disclose any information which he [or she] ...

Register or login to access full content



Professors
Professionals
Students