Chapter 10 - § 10.4 • PHYSICIAN-PATIENT PRIVILEGE

• Jurisdiction: Colorado

§ 10.4 • PHYSICIAN-PATIENT PRIVILEGE

§ 10.4.1—Introduction

Confidential information provided by or on behalf of a patient to his or her physician, surgeon, or registered professional nurse that is necessary to enable the medical professional to prescribe or act for the patient is protected from disclosure by the physician-patient privilege. C.R.S. § 13-90-107(1)(d); People v. Deadmond, 683 P.2d 763, 770 (Colo. 1984) (superseded by statute on other grounds as recognized by Dubois v. People, 211 P.3d 41 (Colo. 2009)). The privilege prohibits both testimonial disclosures and pretrial discovery of information within the scope of the privilege. Zapata v. People, 428 P.3d 517, 525 (Colo. 2018). The privilege applies to observations resulting from examination as well as to actual communications. People v. Covington, 19 P.3d 15, 20 (Colo. 2001). Hospital and medical records containing such confidential information are also privileged. Zapata, 428 P.3d at 535; People v. Moon, 2015 COA 23, ¶ 12; Devenyns v. Hartig, 983 P.2d 63, 66 (Colo. App. 1998). A physician assistant falls within the privilege, Covington, 19 P.3d at 19; however, a medical technician does not. Belle Bonfils Memorial Blood Center v. Dist. Ct., 763 P.2d 1003, 1009 (Colo. 1988).

The physician-patient privilege is not a blanket protection against the discovery of any and all medical information — it protects the relationship between patients and doctors, surgeons, and registered nurses they consult for treatment. Hartmann v. Nordin, 147 P.3d 43, 49 (Colo. 2006). Thus, names, addresses, phone numbers, appointment dates, financial records, and other information that is not obtained by the physician for the purposes of diagnosis is not privileged. Covington, 19 P.3d at 19; In re Search Warrant for 2045 Franklin, Denver, Colo., 709 P.2d 597, 601 (Colo. 1985). Similarly, the results of blood alcohol and drug screening tests not taken for medical treatment are not privileged. Hartmann, 147 P.3d at 50.

The physician-patient privilege is personal to the patient or his or her estate. People v. Palomo, 31 P.3d 879, 885 (Colo. 2001). The privilege precludes the discovery of and examination on such confidential information absent the consent of the patient, even if such information would otherwise be relevant to the subject matter of the case and discoverable. See C.R.S. § 13-90-107(1)(d); Cardenas v. Jerath, 180 P.3d 415, 424 (Colo. 2008); Palomo, 31 P.3d 879, 885 (Colo. 2001). The burden of establishing that...