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> This doesn't say that the federal rules of evidence recognize doctor-patient privilege, and, in fact, the same site says explicitly that it doesn't. With all
by mistersquid 7y ago
> This doesn't say that the federal rules of evidence recognize doctor-patient privilege, and, in fact, the same site says explicitly that it doesn't.
With all due respect, I disagree with your assertion that "the federal rules of evidence [doesn't] recognize doctor-patient privilege".
SCOTUS's saying they
> simply hold that this record [Whalen] does not establish an invasion of any right or liberty protected by the Fourteenth Amendment. [0]
implies that there could be an invasion of a right protected by the Fourteenth Amendment, just not in this case.
While you are strictly correct that this is not a representation of doctor-patient privilege, SCOTUS's assertion that Whalen does not violate the Fourteenth Amendment suggests the possibility that some distribution of medical data could violate the Fourteenth Amendment.
As a side note, your assertion that the "same site says explicitly that it doesn't" recognize doctor-patient privilege is questionable. Would you mind pointing out which passage is explicit about this?
[0] https://healthcare.uslegal.com/doctor-patient-confidentiality/constitutional-right-to-privacy/ https://healthcare.uslegal.com/doctor-patient-confidentialit...
- tptacek 7y agoI don't know anything about this site, but if you navigate to the page labeled "doctor patient privilege": https://definitions.uslegal.com/d/doctor-patient-privilege/ https://definitions.uslegal.com/d/doctor-patient-privilege/ You'll find this helpful sentence: In the U.S, the Federal Rules of Evidence do not recognize doctor-patient privilege. I assume we're just nerding out for its own sake, because none of this has anything to do with my argument.
- mistersquid 7y ago> You'll find this helpful sentence: Thank you for clarifying. Nerding out is a good way characterizing where we've gotten and--as I suspected earlier and am now certain--I don't understand what "Federal Rules of Evidence" means in the larger discussion of what kinds of disclosure would violate someone's constitutional rights. <thinking face emoji>