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Simple English definitions for legal terms
physician-patient privilege
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A quick definition of physician-patient privilege:
Physician-patient privilege is a rule that keeps private the conversations between a doctor and their patient. This means that doctors cannot share information about their patients with anyone else, unless the patient agrees. The rule only applies to legal cases, and not to other situations. Both the patient and the doctor can use this rule to protect their conversations. However, the rule is different in each state. This rule is not the same as doctor-patient confidentiality, which is a law that keeps medical records private.
A more thorough explanation:
Physician-patient privilege is a legal protection that ensures the privacy and confidentiality of conversations between a medical professional and their patient. This protection allows patients to fully disclose their medical information to their doctors without fear of legal consequences.
The privilege only applies to legal proceedings, meaning that medical professionals cannot testify about a patient's medical information unless the patient waives this privilege. However, information shared between a patient and their physician that is not related to their direct medical care may not be privileged.
Either a patient or a physician can assert physician-patient privilege in a lawsuit. However, the rules governing this privilege may vary from state to state.
For example, if a patient tells their doctor about a medical condition that they do not want others to know about, such as a mental health issue, the physician-patient privilege would protect that information from being disclosed in a legal proceeding.
Physician-patient privilege is different from doctor-patient confidentiality, which protects a patient's medical records and information outside of the context of a lawsuit. Doctor-patient confidentiality is granted by state and federal statutes, such as the HIPAA Privacy Act.