Section 14.8 Waiver of Privilege

• Library: Evidence 2017

VIII. (§14.8) Waiver of Privilege

Privilege is not absolute and can be waived by its holder either by express or implied waiver. State ex rel. Dean v. Cunningham, 182 S.W.3d 561, 567 (Mo. banc 2006). “The physician-patient privilege belongs to the patient, and only he can waive it.” Cline v. William H. Friedman & Assocs., Inc., 882 S.W.2d 754, 761 (Mo. App. E.D. 1994). But waiver must be voluntary. “For a party to waive a confidential privilege such as that of attorney-client the waiver must be voluntary which does not occur when it is extorted under cross-examination.” Smith v....