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
The privileged information has been said to include knowledge acquired
through the statements of others surrounding the patient.[361] But
it would seem that the fact that a third person was present during a
physician’s visit may be shown by the physician, as well as what passed
between the patient and the third person, if it was such information
as a layman would have gathered.[362] The information from the third
person regarding the patient is protected even though the patient be
absent;[363] but not if the third person does not employ the physician,
and the information thus acquired is not necessary to enable the
physician to act in a professional capacity.[364] It is suggested in
one case, but not determined, that it would be improper for a physician
to state the value of the services of a nurse in attendance upon his
patient, as that would involve a consideration of the condition of his
patient;[365] but it has been held that a physician can testify to the
fact of a nurse’s services.[366]
But it is information regarding the patient that is privileged, and
therefore a physician may disclose what his patient told him about
another, even though the subject of inquiry be the attitude of the
patient toward the other;[367] and likewise the physician may disclose
what he told his patient about a third person;[368] so also the
physician may testify as to family events in no way connected with
physical complaints.[369] It has been held, too, that admissions
made by a patient to his physician, tending to show contributory
negligence on the part of the patient, at a time when the communication
could not well have been made to enable the physician to prescribe,
namely, on the physician’s third and last visit, may be proven by the
physician.[370]
The physician may properly testify that he did attend as
physician,[371] and that the patient was sick, and he can state when
and how often he attended him,[372] and whether his knowledge was
acquired while in professional attendance,[373] but it is open to the
Court to determine from the evidence whether it was so acquired.[374]
“_Matter Committed._”—In Indiana the protection covers _matter
committed_. It would seem that the use of the word _committed_
implies confidence and that the protected matter is only confidential
communications; but an earlier statute in that State applied to
“matters confided,” and it was held to cover matters learned by
observation or examination, or by communication from the patient,
whether learned under an injunction of secrecy, express or implied,
or not;[375] and it has been held that the present law forbids the
disclosure of matters learned in a sick-room, no matter how the
knowledge may have been acquired.[376]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account