MEDICAL PRIVILEGE

Authors

  • SAMUEL FREEDMAN

Abstract

The legal obligation of the medical doctor when he takes the stand as a witness has been established as long ago as 1776. It is clear that he or she has no right to professional privilege. This article examines the nature of professional privilege itself, to indicate briefly how it affects professions other than medicine and to touch upon the experience of other jurisdictions, especially that of the United States where medical privilege is statutorily conferred. Finally, it asks whether doctors are obliged by law to preserve professional secrecy outside the courtroom and, if so, what the limits of that obligation are.

Keywords:

Evidence, Medical Jurisprudence

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Published

1954-01-01

Issue

Section

Legal Commentary

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