answered Jan 06 at 07:29AM
Maurice,
The question of "priviledge" is a complex one and dependent, not only upon the profession involved, but upon the juridiction the answer concerns. Different states have different rules, but let me see if I can simplify at least some of it for you.
As an attorney, I am bound by attorney - client priviledge regarding any communications I have with my client, including an admission that they had committed a crime. The rationale for this is that an attorney could not adequately defend their client if the things said between them could be used against the client in court. There are only two exceptions to this rule. First, client statements can be disclosed if the attorney needes to defend himself or herself from legal action taken by the client based upon the matter concerning which the information was disclosed (e.g.: in a legal malpractice suit). Secondly, An attorney may break priviledge where the client admits that they are going to commit a crime in the future, and/or to protect another person from harm. With those exceptions, the courts generally accept this priviledge as absolute.
The priviledge between a physician and a patient is similar, but not as absolute. Medical records can be obtained via a subpoena where applicable, and there are instances where courts have rejected the claim of priviledge based upon specific facts of a case, but generally a physician is permitted to maintain priviledge in a similar manner to an attorney, and for similar reasons. This is especially true where the information being sought is medical in nature, rather than a "confession" to a crime. Moreover, where someone is serving a dual role (i.e. physician and attorney), the type of privledge would depend upon which role the individual is filling at the time.
There is a more interesting issue regarding priviledge and confidentiality for physicians, however. Suppose a physician has two patients who are related somehow (e.g. a husband and an ex-wife) and he is treating both as patients. Now, suppose the physician discovers, during the course of treating one of them, that they have a communicable disease (e.g. HIV). Finally, suppose the husband has continued to have unprotected sexual relations with his ex wife, but asks the physician not to discose his diagnosis to her; keep it confidential. The problem here, is that the physician has a duty to both patients, and he or she has to choose one or the other. In essence. the physician is damed if they do, and damed if they don't. I know what I did in this situation, but I'd love to hear your readers' comments first.