Discovery and the Physician-Patient Privilege

Authors

William H. Hein, University of Nebraska College of Law

Abstract

In 1951, Nebraska adopted the principal parts of Rules 26 to 37 of the Federal Rules of Civil Procedure pertaining to depositions and discovery. These sections became Sections 25-1267.02 to 25-1267.44 of the Nebraska statutes. Section 25-1267.02 provides that the deponent may be examined regarding any matter not privileged which is relevant to the subject matter involved in the pending action. Also Sections 25-1267.38 and 25-1267.39, relating to written interrogatories and discovery of documents, are limited to discovery of matter not privileged.

I. The Physician-Patient Privilege

II. Purposes of the Discovery Statutes

III. Discovery before Trial by Judicial Methods … A. Implied Waiver of the Physician-Patient Privilege … B. Physical and Mental Examination … C. Physician-Patient Privilege in the Federal Courts … D. Physician as an Expert Witness: Attorney-Client Privilege

IV. Legislative Action Permitting Discovery before Trial … A. Amending the Privilege Statutes … B. Amending the Statutes on Discovery … C. Abolishment of the Physician-Patient Privilege

Conclusion

Recommended Citation

William H. Hein, Discovery and the Physician-Patient Privilege, 34 Neb. L. Rev. 507 (1954)
Available at: https://digitalcommons.unl.edu/nlr/vol34/iss3/7