Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
It is a debated question in Medical Jurisprudence whether the Doctor's
professional knowledge of criminal acts should be privileged before the
courts, so that he should not be forced to testify to a crime that he
has learned from his patients while acting as their medical adviser.
Dr. Ewell speaks thus on the subject (p. 2): "The medical witness should
remember that, by the common law, a medical man has no privilege to
avoid giving in evidence any statement made to him by a patient; but
when called upon to do so in a court of justice, he is bound to disclose
every communication, however private and confidential, which has been
made to him by a patient while attending him in a professional
capacity. By statute, however, in some of the United States,
communications made by a patient to a physician when necessary to the
treatment of a case are privileged; and the physician is either
expressly forbidden or not obliged to reveal them. Such statutes exist
in Arkansas, California, Indiana, Iowa, Ohio, Michigan, Minnesota,
Missouri, Montana, New York, and Wisconsin. The seal upon the
physician's lips is not even taken away by the patient's death. Such
communications, however, must be of a lawful character and not against
morality or public policy; hence, a consultation as to the means of
procuring an abortion on another is not privileged, nor would be any
similar conference held for the purpose of devising a crime or evading
its consequences.
"A report of a medical official of an insurance company on the health of
a party proposing to insure his life is not privileged from production;
nor is the report of a surgeon of a railroad company as to the injuries
sustained by a passenger in an accident, unless such report has been
obtained with a view to impending litigation."
The practical rule for a Doctor's conscience on the subject of secrecy
is, that he must keep his professional secrets with great fidelity, and
not reveal them except in as far as he is compelled to do so by a court
of justice acting within its legal power or competency. If so compelled,
he can safely speak out; for his duty to his patient is understood to be
dependent on his obedience to lawful authority.
Public-domain text, read in full here on John Shaqi.
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