Privilege is a legal term that infers an exception from a particular rule or requirement. For example, attorney-client privilege refers to the fact that attorneys are not required to disclose information gained from communication with their clients. However, the concept of privilege is not limited to the law alone. Doctor-patient privilege protects information gained during the course of medical treatment from being used in court without the patient’s permission.
The purpose of these forms of privilege is to encourage people to be candid with their lawyers and doctors in order to help those professionals perform their jobs. The idea is that if a person fears legal ramifications as a result of their communications with their attorneys and physicians, that he would be less candid and potentially withhold important information. In this way privilege is meant to protect clients and patients.
However, there are times when these forms of privileged can be waived, allowing other parties access to this formerly confidential information. For example, an Illinois judge recently reviewed the circumstances under which doctor-patient privilege is waived; Flowers v. Owens, No. 09 C 2716. In examining the case facts, the judge needed to ensure that the plaintiff-patient’s rights were protected, while also considering whether maintaining the privilege put the defense at an unfair advantage.