Does physician privilege apply to the disclosure of confidential information?

California, United States of America


The following excerpt is from Snibbe v. Superior Court of L. A. Cnty., 168 Cal.Rptr.3d 548, 224 Cal.App.4th 184 (Cal. App. 2014):

Real parties in interest interpret the physician-patient privilege as excluding physician orders. This narrow interpretation is contrary to the plain language of Evidence Code section 992, which defines "confidential communication" to include not only information disclosed by the patient but also "a diagnosis made and the advice given by the physician." (See Carlton v. Superior Court (1968) 261 Cal.App.2d 282, 288289, 67 Cal.Rptr. 568 [physician orders within scope of privilege].)5

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