MBE Rules · Evidence
Physician-Patient Privilege
Physician-patient privilege (state statutes)
The rule
No physician-patient privilege exists at federal common law; where state statutes create one, it typically excludes communications for litigation purposes and is waived by placing the condition in issue.
In plain English
The physician-patient privilege protects communications between a patient and their doctor from being disclosed in court. However, this privilege does not exist under federal common law and may be limited by state laws, particularly when the patient's condition is brought up in legal proceedings.
Worked example
A patient sues a hospital for malpractice, claiming their doctor misdiagnosed a condition. During the trial, the doctor wants to disclose communications about the patient's medical history that are relevant to the case. Since the patient has put their medical condition at issue, the privilege is waived, and the doctor can testify about those communications.
Memory hook
No federal privilege, state rules apply; disclose when you put your health on the line.
The trap
Exams may present scenarios where students mistakenly believe the privilege exists federally or forget that it can be waived by putting the condition in issue. It's crucial to pay attention to the context of the communication.
How examiners test it
Questions often involve a patient suing for malpractice or personal injury, testing students on whether the privilege applies or has been waived in the given circumstances.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.