CHILDREN AND THE LAW
...Evidentiary Issues
......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.