Applicability

The privilege only applies to communications made between patient and physician, when the patients has consulted the physician for purposes of diagnosis and treatment.

a. Confidentiality: The privilege only applies to those communications or aspects of treatment that

i. the patient reasonably expects to be kept confidential; and,
ii. that the patient herself has maintained as confidential.

b. Preparation for Litigation: The privilege does not apply:

i. If a patient consults a physician solely to prepare for litigation, or
ii. If the court appoints the physician to make a examination and testify about a diagnosis in order to assist the trier of fact.

c. Invocation: The privilege belongs to the patient, not the physician; therefore, the patient may invoke the privilege or, the doctor may invoke the privilege on the patient’s behalf, and at the patient’s instruction.