Disqualification Physician & Patient

Question 1

Requisites for the Applicability of the Privilege

Answer 1

1. The privilege is claimed in a civil case; NOTE: This privilege cannot be claimed in a criminal case presumably because the interest of the public in criminal prosecution should be deemed more important than the secrecy of the communication. (Riano, 2019)
2. The person against whom the privilege is claimed is a physician, psychotherapist or a person reasonably believed by the patient to be authorized to practice medicine or psychology; and
3. It refers to any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction.

NOTE: This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.

Question 2

Who is a Psychotherapist?

Answer 2

Psychotherapist

a. A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition; or

b. A person licensed as a psychologist by the government while similarly engaged. (Sec 24 (c), Rule 130, ROC, as amended)

Question 3

What Information which CANNOT be Disclosed?

Answer 3

1. Any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction; and
2. Any information acquired by persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist. (Sec. 24(c), Rule 130, ROC, as amended)

Question 4

Waiver of Privilege by the patient;

Answer 4

Waiver of Privilege by the patient; Express or Implied

1. By a contract, as in medical or life insurance;
2. Disclosure by the patient of the information;
3. When the patient answers questions on matters which are supposedly privileged on cross examination (Riano, 2019); or
4. By operation of law. (Sec. 4, Rule 28, ROC, as amended)