Rule 504-1. Physician-patient privilege
Source:
Section 40.235 — Rule 504-1. Physician-patient privilege, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
See also annotations under ORS 44.040 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 44.040)
When a party fails to object to the privileged testimony of one physician, she waives her physician-patient privilege as to all other testimony and evidence on the same subject. Triplett v. Bd. of Social Protection, 19 Or App 408, 528 P2d 563 (1974)
Where patient calls his physician as a witness to prove a matter which the physician would only have learned in the course of his employment, this constitutes a waiver as to related privileged communications. State ex rel Juv. Dept. v. Brown, 19 Or App 427, 528 P2d 569 (1974), Sup Ct review denied
In an action for wrongful death, defendant may not ask for depositions of decedent’s physician if the physician has submitted a written report of medical findings. Woosley v. Dunning, 268 Or 233, 520 P2d 340 (1974)
Once the patient has intentionally offered or taken testimony of one doctor, either on trial or by deposition, the privilege is terminated for all purposes relating to the injury or illness which was the subject of that doctor’s testimony, including hospital records. State ex rel Calley v. Olsen, 271 Or 369, 532 P2d 230 (1975)
The privilege is waived when a patient or his personal representative takes the deposition of a treating doctor. State ex rel Calley v. Olsen, 271 Or 369, 532 P2d 230 (1975)
The beneficiary of decedent’s life insurance policy had authority to waive the privilege for purposes of an action to enforce payment under the policy. State ex rel Calley v. Olsen, 271 Or 369, 532 P2d 230 (1975)
Privilege applies to psychiatric records of parent in juvenile court proceeding to terminate parental rights. State ex rel Juvenile Dept., Clatsop County v. Martin, 271 Or 603, 533 P2d 780 (1975)
Under Evidence Code
Plaintiff’s voluntary act of deposing defendant-treating physician whom he was suing in malpractice action constituted waiver of plaintiff’s physician-patient privilege with respect to other treating physicians concerning same condition. State ex rel Grimm v. Ashmanskas, 298 Or 206, 690 P2d 1063 (1984)
Where person consults psychotherapist for professional assistance and reasonably believes psychotherapist is willing to establish professional relationship, fact that psychotherapist has ulterior purpose for interview will not prevent person from claiming privilege. State v. Miller, 300 Or 203, 709 P2d 225 (1985), cert. denied, 475 US 1141
Secretary-receptionist responsible for screening telephone calls to psychiatrist on duty at state hospital is included in this privilege. State v. Miller, 300 Or 203, 709 P2d 225 (1985), cert. denied, 475 US 1141
Physician-patient privilege does not apply in workers’ compensation contested case claim hearing. Booth v. Tektronix, 312 Or 463, 823 P2d 402 (1991)
Where psychotherapy treatment requires defendant to prepare numerous written assignments, psychotherapist-patient privilege applies to assignments. State v. Langley, 314 Or 247, 839 P2d 692 (1992), on reconsideration 318 Or 28, 861 P2d 1012 (1993)
Defendant waived psychotherapist-patient privilege when defendant voluntarily disclosed significant part of psychotherapist-patient communications by submitting documents in earlier trial. State v. Langley, 314 Or 247, 839 P2d 692 (1992), on reconsideration 318 Or 28, 861 P2d 1012 (1993)
Limitation on physician-patient privilege for communications made in course of physical examination performed under ORCP 44 applies only to communications made in course of physical examination ordered by court under ORCP 44 A. Hodges v. Oak Tree Realtors, Inc., 363 Or 601, 426 P3d 82 (2018)
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