Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
In Missouri the statute protects information received _from the
patient_; but this is not confined to oral communications, and includes
knowledge gained by inspection of the patient’s person.[347] In _Lunz
v. Massachusetts Mutual Life Insurance Company_ protection was said not
to extend to information of this sort apparent on casual inspection,
which any one might make, nor to symptoms which are obvious before
the patient submits himself to any examination, such as an inflamed
face, a bloodshot eye, alcoholic fumes, or delirium; nor to facts
so superficial that in regard to them no confidence could have been
reposed. But this distinction between hidden and patent facts is
disapproved in _Kling v. City of Kansas_,[348] and the statement is
made that the law does not rest on the confidence imposed. Knowledge
or communications concerning the cause of a patient’s condition and
the extent of his injuries have also been held to be included in the
term information, because the disclosure of these matters involved
the indirect disclosure of the condition;[349] but it was said that
the physician may testify as to knowledge acquired independent of
communications from the patient and of examination or inspection
made by the witness for the purpose of treatment.[350] As divulging
privileged information, a physician has not been allowed to answer
what his patient’s hurts were, why he left a hospital, or whether
he required longer treatment;[351] and it has also been held that a
physician cannot give his opinion as to the mental condition of his
patient based upon privileged knowledge.[352]
In New York _information_ comprehends all knowledge acquired by the
physician by communication, observation, or inspection;[353] it
has been said to extend to all facts which necessarily come to the
knowledge of the physician in a given professional case;[354] and it
includes as well the opinion of the physician based upon his knowledge
as the knowledge itself.[355]
The physician cannot disclose the nature of his patient’s disease,
whether he learned it by observation or examination or from what his
patient told him;[356] nor can he testify as to what he told his
patient.[357] In _Edington v. Ætna Life insurance Company_[358] it
was said by Judge Earl that the statute was aimed at confidential
communications and secret ailments, and that it did not extend to
matters superficially apparent, such as a fever, a fractured leg
or skull, or raving mania apparent to all;[359] but this view was
disapproved expressly in the later case of _Renihan v. Dennin_.[360]
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