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California law is instructive. The privilege is given by the statute is that of the patient, not that of the physician, and that if the patient does not claim the privilege, it is waived. (Hirschberg v. Southern Pac. Co., 180 Cal. 774, 777 [183 P. 141]; Lissak v. Crocker Estate Co., 119 Cal. 442, 445 [51 P. 688]; Wheelock v. Godfrey, 100 Cal. 578, 587 [35 P. 317]; San Francisco Credit Clearing-House v. MacDonald, 18 Cal.App. 212, 219 [122 P. 964]; see 20 Cal.L.Rev. 302, 311; 8 Wigmore, supra, §2386, p. 828.) 

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