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 Arkansas and Indian Territory the privilege is secured to a person
_authorized to practise_ physic or surgery; in California, Montana,
and Nevada, to a _licensed_ physician or surgeon; in Colorado, to a
physician or surgeon _duly authorized_ to practise his profession
_under the laws of the State_; in Michigan, New York, North Carolina,
and Wisconsin, to a person _duly authorized_ to practise physic or
surgery; in Minnesota, Oregon, and Washington, to a _regular_ physician
or surgeon; in Iowa and Nebraska, to a _practising_ physician or
surgeon; in the remaining States and Territories, these statutes do not
in terms distinguish between licensed and unlicensed practitioners.[225]
In New York, by the amendment of 1893 to Sec. 836 of the Code of Civil
Procedure it is provided that in an action for the recovery of damages
for a personal injury the testimony of a physician or surgeon attached
to any hospital, dispensary, or other charitable institution, as to
information which he acquired in attending a patient in a professional
capacity in such institution, shall be taken before a referee. It
does not appear whether this amendment is intended to take away the
privilege, or merely to regulate the manner of taking such testimony
when it is otherwise admissible.[226]
_III. The Evidence._—The character of the communications which
are privileged differs under the several statutes. In Arkansas,
California, Colorado, Idaho, Indian Territory, Michigan, Minnesota,
Missouri, Montana, Nevada, New York, North Carolina, North Dakota,
Oregon, South Dakota, Utah, Washington, and Wisconsin, they are
characterized as _information_; in Indiana, as _matter committed_; in
Iowa and Nebraska, as _confidential communications_; in Kansas, Ohio,
Oklahoma, and Wyoming, as _communications_; in Iowa and Nebraska, it
is further provided that they be _properly intrusted_; and in Kansas
and Oklahoma, that they be with reference to a _physical_ or _supposed
physical disease_.
In Kansas and Oklahoma, any knowledge obtained by a _personal
examination_ of a patient is also expressly privileged.
In Indiana, Ohio, and Wyoming, _advice_ given by the physician is
covered by the protection.
In Arkansas, Indian Territory, and Missouri, the privilege is limited
to information acquired _from the patient_; and in Kansas and Oklahoma,
to communications made _by the patient_.
The statutes of Arkansas, California, Colorado, Idaho, Indian
Territory, Indiana, Michigan, Minnesota, Missouri, Montana, Nevada,
New York, North Carolina, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wisconsin expressly limit the protection to matter
acquired while attending in a professional capacity; and all of these,
save Indiana, as well as Iowa and Nebraska, confine the privilege to
information necessary to enable the witness to prescribe or act for the
patient.
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