In a medical malpractice lawsuit, the plaintiff's attorney attempts to call the defendant-doctor's personal physician to testify about the defendant's mental health issues. The defendant's attorney objects, citing physician-patient privilege. How should the court rule?
- AOverrule the objection, as physician-patient privilege is not recognized in federal courts unless state law applies.
- BSustain the objection, as the physician-patient privilege is absolute.
- COverrule the objection, as the defendant has placed their mental health at issue by practicing medicine.
- DSustain the objection, as the privilege belongs to the patient and has not been waived.
Show answer & explanationAnswer & explanation
Correct answer: A. Overrule the objection, as physician-patient privilege is not recognized in federal courts unless state law applies.
In federal courts, privileges are generally governed by federal common law. Federal common law does not recognize a general physician-patient privilege. While some states recognize it, in federal question cases, or diversity cases where federal privilege law applies (e.g., if the state privilege is not 'outcome determinative'), this privilege would not apply. Therefore, the objection should be overruled unless state law specifically providing for the privilege is applicable and paramount.
Why the other options are wrong
- B. No privilege is absolute, and physician-patient privilege is not a universally recognized federal privilege.
- C. While a 'patient-litigant' exception exists in some state privilege laws, this specific exception is irrelevant if the federal court does not recognize the privilege in the first place.
- D. The privilege does belong to the patient, but the fundamental issue in federal court is whether the privilege exists under federal common law or applicable state law.
Physician-Patient Privilege (Federal vs. State)
A privilege that protects confidential communications between a patient and their physician made for the purpose of diagnosis or treatment. This privilege is widely recognized in state courts but is generally NOT recognized under federal common law.
- Federal courts generally do not recognize a physician-patient privilege in federal question cases.
- In diversity cases, federal courts apply state privilege law.
- Exceptions often exist, such as when the patient puts their medical condition at issue (patient-litigant exception).
Memory trick: Privileges: 'C.L.A.M.S.' for who is protected!