EVIDENCE--PHYSICIAN-PATIENT PRIVILEGE--EXPRESS AND IMPLIED WAIVER

Authors

Abstract

Defendant's intestate applied for insurance with "plaintiff, expressly waiving, for himself and beneficiaries, the privilege of excluding testimony of physicians who had then attended him or might do so later. The policy lapsed, but the insured, falsely representing that he was in good health and had consulted no doctor for any cause, secured a reinstatement. He died six months later. Plaintiff sued for cancellation, and defendant objected to the testimony of physicians who had been consulted before and after the reinstatement. Held, the testimony was admissible, since the privilege was waived; also the mere fact that there were consultations was not privileged, since no information necessary to enable the physician to prescribe for the patient was disclosed. Lincoln etc. Co. v. Hammer. (C. C. A. 8th, 1930) 41 F. (2d) 12, 20.

Recommended Citation

EVIDENCE--PHYSICIAN-PATIENT PRIVILEGE--EXPRESS AND IMPLIED WAIVER, 29 Mich. L. Rev. 254 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss2/22