Monday, August 12, 2013

Physician-patient privileged communication - sc.judiciary.gov.ph/jurisprudence/2013/july2013/179786.pdf

see - sc.judiciary.gov.ph/jurisprudence/2013/july2013/179786.pdf


"x x x.

SEC. 24. Disqualification by reason of privileged communication.— The following persons cannot testify as to matters learned in confidence in the following cases:

 x x x x

 (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the reputation of the patient.

 The physician-patient privileged communication rrule essentially means that a physician who gets information while professionally attending
a patient cannot in a civil case be examined without the patient’s consent as to any facts which would blacken the latter’s reputation. This rule is
intended to encourage the patient to open up to the physician, relate to him the history of his ailment, and give him access to his body, enabling the physician to make a correct diagnosis of that ailment and provide the
appropriate cure. Any fear that a physician could be compelled in the future to come to court and narrate all that had transpired between him and the patient might prompt the latter to clam up, thus putting his own health at  great risk.4."

x x x."