Privileged communication

Information imparted by a patient or client within the context of a professional relationship with a practitioner (i.e., physician, lawyer) that is immune to disclosure without the patient’s or client’s expressed permission.


Freedom from the obligation to report to authorities information concerning legal guilt that is revealed by a client or patient during counseling, essentially enjoyed by lawyers, clergy, physicians, and psychologists.


Conversations that are legally regarded as confidential and cannot be disclosed in court if the persons involved object. In general, a person’s conversations with a lawyer or a priest are seen as privileged communications. Doctors and psychologists generally consider conversations with their patients as private under their professional code of confidentiality, but whether or not they are legally considered privileged communications depends on the law. If the state law allows it, these and other professionals, such as social workers, may be required to testify in court in certain circumstances, as in cases involving child abuse or neglect.


Information which is legally protected from discovery in a lawsuit or use as evidence in a trial. Communications between a physician and patient are privileged communications, and cannot be revealed without the permission of the patient or a court order; most of the contents of a medical record are protected by this privilege. It should be noted that the privilege “belongs” to the person protected and can only be waived by that person; in this instance, the patient is the one whose rights are protected, so the privilege cannot be waived by the physician (or hospital), nor can the physician invoke the privilege if the patient waives it.


Confidential information furnished (to facilitate diagnosis and treatment) by the patient to a professional authorized by law to provide care and treatment. In some states, the person who has received this communication cannot be made to divulge it. When this is the case, communication between the patient and the recipient is classed as privileged.


 


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