Gregory Chandler on Physician-Patient Privilege

Most attorneys know that that their is a physician-patient privilege. However, many attorneys do not understand the limitations on the physician-patient privilege. An interesting case is United States v. Bek, 493 F.3d 790 (7th Cir. 2007).

The Court affirmed a conviction for prescribing drugs without a proper medical purpose, the Court rejected a defense argument that patient records had been erroneously admitted in violation of the physician-patient privilege. The controlling law in this federal prosecution was federal common law, which provides no physician-patient privilege. The Court declined to adopt a physician-patient privilege in light of the Supreme Court's decision in Jaffee v. Redmond, finding "no circuit authority in support of a physician-patient privilege even after Jaffee"

and seeing no reason to create such a privilege.

GREGORY CHANDLER, Attorney at Law