Does physician-patient privilege protect the interests of the patient?

California, United States of America


The following excerpt is from Brillantes v. Superior Court, 51 Cal.App.4th 323, 58 Cal.Rptr.2d 770 (Cal. App. 1996):

" 'The whole purpose of the [physician-patient] privilege is to preclude the humiliation of the patient that might follow disclosure of his ailments....' [Citation.] The privilege is statutory and 'encourage[s] the patient to be free in disclosing facts about his illness to enable the physician to treat the illness or maintain the patient's general health. [Citation.] "The rules of privilege are designed to protect personal relationships and other interests where public policy deems them more important than the need for evidence." [Citation.]' [Citation.]" (Palay v. Superior Court (1993) 18 Cal.App.4th 919, 927-928, 22 Cal.Rptr.2d 839.)

(1) In This Case, Privilege Would Not Protect the Interests of the Patients

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