Doctor patient confidentiality of minor child. Is parent doctor privileged as well?
Confidentiality resides with the patient. Does discussions between the parent and the doctor create a privilege for the parent too? or is that only confidential as to the child? Doctor found evidence of sex ill-treat of my daughter. I think he discussed matter with my wife. Can I depose my wife within my divorce case to find out? I have joint endorsed custody as to medical issues. I need to protect my daughter from unknown assailant in her household. i.e. can I question my wife concerning her conversations with my child's doctor? Thanks for some of your response. The med record showed the observation that could be, but not necessarily suggestive of invective. I believe it is of the level that is discretionary with the doctor whether to report it to CPS, so I consider the doctor would have discussed it with my wife in charge to decided whether it is abuse or other cause. When I go and got a copy of the record the observation be redacted or left out. I am going to have to supena the original, but I involve proof to show it exists (I have seen it and know it does). The conversation with my wife will prove that the ingenious record or observation by the doctor did exist. note: I am pro se as I can't afford a advocate. I did contact appropriate agency, they have asked for records, to my knowledge the doctor have not yet turned over the record and I am concerned that it not get gone out when he does, as he may be a friend of my wife's family.
Best Answer:
According to most states laws..parents have full access to their child's medical reasons..so contact that doctor and speak next to him..
It would depend on the circumstances, in some cases privilege laws apply that would mean that your spouse does not enjoy to testify as what she said could be determined privileged information.
You can depose her on anything. You can also subpoena the medical records from the doctor. He would have a difficult time explaining why sexual assault of a minor be not reported to police. Most states have mandatory reporting requirements for just such cases. This would not be a seprate issue of patient physician confidentiality, as the child and her medical issues be still the focus of the conversation.
