Question

A defendant visited her doctor to seek treatment for a bullet wound. While he was treating the wound, the doctor asked the defendant how she was shot. The defendant replied that she was struck by a police officer’s bullet while running away from a jewelry store she had robbed, but she implored the doctor not to tell this to anyone. The doctor promised that he would not. Although the defendant was never charged by the police, the owner of the jewelry store brought suit against her seeking the value of the stolen goods. The defendant denied robbing the store. At the trial, the owner calls the doctor to testify to the statement made to him by the defendant. The defense attorney objects on the ground that such testimony is barred by the jurisdiction’s physician-patient privilege. Should the objection be sustained?

Answer 1

Answer: No, the court should overrule the objection.

The physician-patient privilege is not applicable to the defendant's statement, because non-medical information that is given by a patient cannot be protected by this privilege. Therefore, the court should overrule the objection since the privilege can not be invoked when regarding information that deals with nonmedical matters.