PRE-TRIAL WAIVER OF THE PHYSICIAN/ PATIENT PRIVILEGE

Engrossed Substitute Senate Bill No. 4630, Section 101, amends RCW 5.60.060 to provide for accelerated or pretrial waiver of the physician/patient privilege. The amended statute requires the claimant in a personal injury or wrongful death action to affirma- tively waive the privilege within ninety (90) days of filing the action.

The plaintiff who waives the privilege in compliance with the statute will have to produce relevant medical records  and agree to the discovery depositions of many health care providers. However, the waiver should not be construed as authorization for private de- fense counsel interviews with the plaintiff’s health care providers. . .

Read More

Susan Ward, Pre-trial Wavier of the Physician/Patient Privilege, 22 Gonz. L. Rev. 59 (1986-87).

Comments are closed.