CHILDREN AND THE LAW
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Evidentiary Issues
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Privileges-Discovery
.........Physician-Patient
7 Cards On This Topic:
Patient or his/her conservator or representative is holder of physician-patient privilege.
Persons/entities who can claim physician-patient privilege.
No privilege as to a communication relevant to an issue concerning patient's condition if issue tendered by patient.
C's EC 994 privilege applied as she did not tender her sexual history in the litigation (EC 996(a)) by disclosing F's sexual abuse or submitting to forensic medical exam; DCFS did not claim "through or under" C by filing W&IC 300 petition.
F's medical records properly admitted at jurisdiction and disposition hearing where he claimed he was not abusing drugs, thus tendering his past drug use in issue and forfeiting his patient-physician privilege re drug use.
Mother who gave birth to child under influence of dangerous drugs may not claim child’s physician-patient privilege to avoid juvenile court jurisdiction.
Testimony of physician and social worker not privileged under Welf. & Inst. Code §10850.