ABSTRACT
We may believe that the patient has a right to confidentiality which justifies him in stopping his medical information from being disclosed in the courtroom. But by itself, that is not enough. We need to go on and consider just how far that right should be applied in law. In this chapter I attempt to put some flesh upon the bare bones of theory. The various component parts of an evidential privilege statute are assembled and their precise form and extent are discussed. Should, for example, the privilege apply to all types of litigation, or should criminal cases be excluded? Which medical practitioners should be included within privilege protection? My general practitioner is an obvious candidate for inclusion, but what about my osteopath or my homeopathic practitioner? Should a privilege apply to protect my confidences to my doctor when I am in my grave? These types of questions both are of practical interest to lawyers and also raise important issues relating to the scope of medical practice today. Readers may find it helpful to refer back at this point to the conclusions of chapter 3 before proceeding further.
