Section 14.7 Who Can Claim the Privilege

• Library: Evidence 2017

VII. (§14.7) Who Can Claim the Privilege

“[I]t is generally accepted that the privilege of nondisclosure of confidential communications can only be waived by the person or entity in whose favor it exists.” State ex rel. St. John’s Reg’l Med. Ctr. v. Dally, 90 S.W.3d 209, 214 (Mo. App. S.D. 2002). The traditional physician-patient privilege “is personal to the patient. It must be raised, and may be waived, only by the patient.” In re M__ P__ S__, 342 S.W.2d 277, 283 (Mo. App. E.D. 1961). The same is true of the attorney-client privilege, which may only be waived by the client. This is because the statutory protections were obviously designed to benefit the patient or client.

The physician-patient privilege is personal to...