CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Physician-Patient Privilege
.........Holder
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Patient or his/her conservator or representative is holder of privilege.

Persons/entities who can claim privilege.

If person from whom information sought was not person entitled to claim privilege and person who was entitled to do so was not before court, court required to invoke on own motion.

Donor who spoke with sperm bank doctors solely to donate sperm is not a "patient" under Evid. Code §994, and physician-patient privilege does not exist.

Physician-Patient privilege claimed by doctor accused of fraud must yield to reporting provisions of Medi-Cal program; privilege here would only protect interests or be to benefit of physician, not patients.

Personal representative of deceased authorized to claim privilege; need not show how benefit to estate from exercise of privilege outweighs interest in disclosure.

Estate of deceased accident victim has right to contact her doctors; doctor-patient privilege applies to physicians treating her and is held by estate.

Disclosure by physician to third person to assist patient makes that person one who can assert privilege on behalf of patient.

Third party recipient of privileged communications may not claim on behalf of holder unless consulted for accomplishment of physician's purpose and holder does not waive.

Neither physician-patient privilege nor patient privacy violated by limited production of relevant, redacted postoperative orders in wrongful death case.

Mother who gave birth to child under influence of dangerous drugs may not claim child's physician-patient privilege to avoid juvenile court jurisdiction.

Hospital, as third party recipient of privileged matter, has standing to claim privilege on behalf of patients.

Physician must claim privilege on behalf of patient.

Privilege continues after death, unless waived by personal representative. Physician and third parties must continue to assert.