physician-patient privilege (District of Columbia) · Go Syfert
← District of Columbia issues

physician-patient privilege in District of Columbia

14 District of Columbia opinions name it 1 courts 1980–2011 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
In Re OLgreen
dc · 1990 · cited in 5 District of Columbia opinions naming this issue, 2000–2011
2 sentences

2011For support, appellant cites In re O.L., 584 A.2d 1230, 1233-34 (D.C.1990), and N.P, supra, 882 A.2d at 249-50 .

2011For support, appellant cites In re O.L., 584 A.2d 1230, 1233-34 (D.C.1990), and N.P, supra, 882 A.2d at 249-50 .

35
In Re Estate of Wilsongreen
dc · 1980 · cited in 2 District of Columbia opinions naming this issue, 1987–1991
2 sentences

1991Clifford v. United States, 532 A.2d 628, 637 (D.C.1987); In re Estate of Wilson, 416 A.2d 228, 233 (D.C.1980).

1987It is, therefore, a “purely statutory creation.” In re Estate of Wilson, 416 A.2d 228, 233-35 (D.C.1980) (describing the physician-patient privilege) (citations omitted); see D.C.Code § 14-307 (1981 & 1986 Supp.) (setting out the testimonial privilege for “[p]hysicians and mental health professionals”).

22
Parker v. Barrettgreen
minn · 1956 · cited in 2 District of Columbia opinions naming this issue, 1980–1980
2 sentences

1980As the court stated in In re Koenig’s Estate, 247 Minn. 580, 588 , 78 N.W.2d 364, 369 (1956), quoting McCormick, Evidence § 105: In contests over the validity of a will, where both sides- — the executor on the one hand and the heirs or next of kin on the other — claim under and not adversely to the decedent, the assumption should prevail that the decedent would desire that the validity of his will should be determined in the fullest light of the facts.

1980As the court stated in In re Koenig's Estate, 247 Minn. 580, 588 , 78 N.W.2d 364, 369 (1956), quoting McCormick, Evidence § 105: In contests over the validity of a will, where both sides — the executor on the one hand and the heirs or next of kin on the other — claim under and not adversely to the decedent, the assumption should prevail that the decedent would desire that the validity of his will should be determined in the fullest light of the facts.

22
Burlington Industries v. Exxon Corp.green
mdd · 1974 · cited in 1 District of Columbia opinions naming this issue, 2004–2004
1 sentence

2004See Mead Data Cent., Inc. v. United States Dep’t of Air Force, 184 U.S.App.D.C. 350, 361 , 566 F.2d 242 , 253 nn. 21 & 24 (1977) (citing Burlington Indus, v. Exxon Corp., 65 F.R.D. 26, 37 (D.Md.1974) for the proposition that the privilege is not lost because client’s attorney consults other attorneys about the subject matter of the communication); In re Grand Jury Subpoenas Dated March 24, 2003, 265 F.Supp.2d 321, 324-26, 330 (S.D.N.Y.2003) (noting that, in appropriate circumstances the attorney-client privilege extends to communications involving persons assisting the lawyer in the rendition

11
Mead Data Central, Inc. v. United States Department of the Air Forcegreen
cadc · 1977 · cited in 1 District of Columbia opinions naming this issue, 2004–2004
2 sentences

2004See Mead Data Cent., Inc. v. United States Dep’t of Air Force, 184 U.S.App.D.C. 350, 361 , 566 F.2d 242 , 253 nn. 21 & 24 (1977) (citing Burlington Indus, v. Exxon Corp., 65 F.R.D. 26, 37 (D.Md.1974) for the proposition that the privilege is not lost because client’s attorney consults other attorneys about the subject matter of the communication); In re Grand Jury Subpoenas Dated March 24, 2003, 265 F.Supp.2d 321, 324-26, 330 (S.D.N.Y.2003) (noting that, in appropriate circumstances the attorney-client privilege extends to communications involving persons assisting the lawyer in the rendition

2004See Mead Data Cent., Inc. v. United States Dep’t of Air Force, 184 U.S.App.D.C. 350, 361 , 566 F.2d 242 , 253 nn. 21 & 24 (1977) (citing Burlington Indus, v. Exxon Corp., 65 F.R.D. 26, 37 (D.Md.1974) for the proposition that the privilege is not lost because client’s attorney consults other attorneys about the subject matter of the communication); In re Grand Jury Subpoenas Dated March 24, 2003, 265 F.Supp.2d 321, 324-26, 330 (S.D.N.Y.2003) (noting that, in appropriate circumstances the attorney-client privilege extends to communications involving persons assisting the lawyer in the rendition

11
In Re Grand Jury Subpoenas Dated March 24, 2003 Directed to (A) Grand Jury Witness Firm and (B) Grand Jury Witnessgreen
nysd · 2003 · cited in 1 District of Columbia opinions naming this issue, 2004–2004
1 sentence

2004See Mead Data Cent., Inc. v. United States Dep’t of Air Force, 184 U.S.App.D.C. 350, 361 , 566 F.2d 242 , 253 nn. 21 & 24 (1977) (citing Burlington Indus, v. Exxon Corp., 65 F.R.D. 26, 37 (D.Md.1974) for the proposition that the privilege is not lost because client’s attorney consults other attorneys about the subject matter of the communication); In re Grand Jury Subpoenas Dated March 24, 2003, 265 F.Supp.2d 321, 324-26, 330 (S.D.N.Y.2003) (noting that, in appropriate circumstances the attorney-client privilege extends to communications involving persons assisting the lawyer in the rendition

11
Street v. Hedgepathgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
2 sentences

1994This statute prevents a physician from disclosing confidential information about his or her patient's condition acquired during that professional relationship without the consent of the patient. [10] Id.; Street v. Hedgepath, 607 A.2d 1238, 1246 (D.C.1992).

1994This statute prevents a physician from disclosing confidential information about his or her patient’s condition acquired during that professional relationship without the consent of the patient. 10 Id.; Street v. Hedgepath, 607 A.2d 1238, 1246 (D.C.1992).

11
Fisher v. Smallgreen
dc · 1960 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991But see Sklagen v. Greater Southeast Community Hosp., 625 F.Supp. 991, 992 (D.D.C.1984) (filing action which places physical condition in issue waives physician-patient privilege); cf. Fisher v. Small, 166 A.2d 744, 747 (D.C.1960) (voluntary exchange of medical reports by parties waived physician-patient privilege as to medical condition in issue).

11
Clifford v. United Statesgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991Clifford v. United States, 532 A.2d 628, 637 (D.C.1987); In re Estate of Wilson, 416 A.2d 228, 233 (D.C.1980).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Sklagen v. Greater Southeast Community Hospitalgreen
dcd · 1984 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991But see Sklagen v. Greater Southeast Community Hosp., 625 F.Supp. 991, 992 (D.D.C.1984) (filing action which places physical condition in issue waives physician-patient privilege); cf. Fisher v. Small, 166 A.2d 744, 747 (D.C.1960) (voluntary exchange of medical reports by parties waived physician-patient privilege as to medical condition in issue).

11

Also cited on this issue (9)

CaseCitedYears
In Re NP green
dc · 2005
2 sentences

2011For support, appellant cites In re O.L., 584 A.2d 1230, 1233-34 (D.C.1990), and N.P, supra, 882 A.2d at 249-50 .

2011For support, appellant cites In re O.L., 584 A.2d 1230, 1233-34 (D.C.1990), and N.P, supra, 882 A.2d at 249-50 .

22011–2011
Matter of NH green
dc · 1990
2 sentences

1990In N.H., supra, we rejected the contention that only the Mental Health Information Act of 1978, D.C.Code § 6-2002 (1989), applies to the question whether past mental health records may be admitted into evidence in child neglect proceedings where the mother has invoked the physician-patient privilege.

1990In N.H., supra, we rejected the contention that only the Mental Health Information Act of 1978, D.C.Code § 6-2002 (1989), applies to the question whether past mental health records may be admitted into evidence in child neglect proceedings where the mother has invoked the physician-patient privilege.

21990–1990
In Re the Estate of Thomas neutral
wash · 1931
2 sentences

1980The physician-patient privilege is “for the benefit of the patient while living and of his estate when dead.” In re Thomas’ Estate, supra at 59, 4 P.2d at 842-43 , quoting Winters v. Winters, supra, at 58, 71 N.W. at 185 .

1980The physician-patient privilege is "for the benefit of the patient while living and of his estate when dead." In re Thomas' Estate, supra at 59, 4 P.2d at 842-43 , quoting Winters v. Winters, supra, at 58, 71 N.W. at 185 .

21980–1980
Stafford v. American Security & Trust Co. green
dcd · 1931
2 sentences

1980Stanford v. American Security & Trust Co., 60 App.D.C. 380 , 55 F.2d 542 (1931), relied exclusively on Hutchins in reaching an identical result.

1980Stanford v. American Security & Trust Co., 60 App.D.C. 380 , 55 F.2d 542 (1931), relied exclusively on Hutchins in reaching an identical result.

21980–1980
Winters v. Winters green
iowa · 1897
2 sentences

1980The physician-patient privilege is “for the benefit of the patient while living and of his estate when dead.” In re Thomas’ Estate, supra at 59, 4 P.2d at 842-43 , quoting Winters v. Winters, supra, at 58, 71 N.W. at 185 .

1980The physician-patient privilege is "for the benefit of the patient while living and of his estate when dead." In re Thomas' Estate, supra at 59, 4 P.2d at 842-43 , quoting Winters v. Winters, supra, at 58, 71 N.W. at 185 .

21980–1980
In Re Estate of Koenig green
minn · 1956
2 sentences

1980As the court stated in In re Koenig’s Estate, 247 Minn. 580, 588 , 78 N.W.2d 364, 369 (1956), quoting McCormick, Evidence § 105: In contests over the validity of a will, where both sides- — the executor on the one hand and the heirs or next of kin on the other — claim under and not adversely to the decedent, the assumption should prevail that the decedent would desire that the validity of his will should be determined in the fullest light of the facts.

1980As the court stated in In re Koenig's Estate, 247 Minn. 580, 588 , 78 N.W.2d 364, 369 (1956), quoting McCormick, Evidence § 105: In contests over the validity of a will, where both sides — the executor on the one hand and the heirs or next of kin on the other — claim under and not adversely to the decedent, the assumption should prevail that the decedent would desire that the validity of his will should be determined in the fullest light of the facts.

21980–1980
Engl v. ætna Life Ins. Co. green
ca2 · 1943
1 sentence

1981Cf. Engl v. Aetna Life Insurance Co., 139 F.2d 469 (2d Cir. 1943) (where plaintiff asserted the physician-patient privilege during pretrial discovery, she could not, by an assertion that she might at trial waive her privilege and produce sufficient medical testimony to create a prima facie case, overcome summary judgment for the defendant); accord, 4 Moore’s Federal Practice ¶ 26.60[1], at 26-227 & n.4 (2d ed. 1976).

11981–1981
Turner v. American Security & Trust Co. green
scotus · 1909
2 sentences

1980Turner v. American Security & Trust Co., 213 U.S. 257 , 29 S.Ct. 420 , 53 L.Ed. 788 (1909) (affirming the decision of the Court of Appeals for the District of Columbia reported at 29 App.D.C. 460 (1907)). [15] While this court has not previously had occasion to address the issue, we note the absurd result that would occur if the patient's heirs or next of kin could not waive the physician-patient privilege in the context of a hearing on the need to appoint a conservator, held pursuant to D.C.

1980Turner v. American Security & Trust Co., 213 U.S. 257 , 29 S.Ct. 420 , 53 L.Ed. 788 (1909) (affirming the decision of the Court of Appeals for the District of Columbia reported at 29 App.D.C. 460 (1907)). [15] While this court has not previously had occasion to address the issue, we note the absurd result that would occur if the patient's heirs or next of kin could not waive the physician-patient privilege in the context of a hearing on the need to appoint a conservator, held pursuant to D.C.

11980–1980
Turner v. American Security & Trust Co. green
dc · 1907
1 sentence

1980Turner v. American Security & Trust Co., 213 U.S. 257 , 29 S.Ct. 420 , 53 L.Ed. 788 (1909) (affirming the decision of the Court of Appeals for the District of Columbia reported at 29 App.D.C. 460 (1907)). [15] While this court has not previously had occasion to address the issue, we note the absurd result that would occur if the patient's heirs or next of kin could not waive the physician-patient privilege in the context of a hearing on the need to appoint a conservator, held pursuant to D.C.

11980–1980

Statutes the citing opinions construe

DC § D.C. Code § 14-307 (9) DC § D.C. Code § 14-306 (4) DC § D.C. Code § 17-305 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 323 (1948–2026) OH 128 (1967–2026) IL 122 (1981–2026) MO 65 (1968–2025) AZ 63 (1966–2025) CA 62 (1967–2023) MI 58 (1936–2024) IN 55 (1971–2025) WA 53 (1968–2026) TX 53 (1987–2025) CO 50 (1971–2026) IA 47 (1969–2023) NJ 37 (1967–2022) PA 29 (1978–2025) NC 27 (1979–2026) MN 22 (1957–2026) WI 21 (1972–2016) NH 21 (1987–2025) MS 18 (1984–2009) FL 16 (1983–2017) LA 16 (1965–2007) DC 14 (1980–2011) OR 13 (1974–2019) VT 12 (1977–2016) AK 11 (1968–2013) SD 10 (1974–2020) KY 9 (1994–2019) ND 8 (1969–2019) HI 8 (1982–2012) UT 8 (2000–2018) NM 8 (1984–2024) KS 7 (1975–2024) WY 6 (1986–2022) CT 6 (1999–2018) ME 5 (1977–2020) GA 5 (1986–2015) AR 5 (1969–2012) AL 5 (2003–2011) SC 4 (1997–2003) MA 4 (1982–1997) RI 4 (1986–2010) TN 4 (2011–2015) NE 4 (1977–1996) MD 4 (1999–2003) OK 3 (1971–2007) DE 3 (1963–1996) WV 2 (1989–1995) VA 2 (1984–1995) MT 2 (1987–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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