PRIVILEGED COMMUNICATIONGenerally, a physician cannot testify concerning a communication made to him or her by his or her patient, or concerning his or her advice to the patient, which was made during the course of the physician-patient relationship. ORC § 2317.02 (B) Several exceptions exist to the physician-patient privilege. The physician may testify by express consent of the patient, or if the patient is deceased, by the express consent of the surviving spouse or executor or administrator of the estate of the deceased patient. If the patient voluntarily testifies, the physician may be compelled to testify on the same subject, or if the patient, his or her executor or administrator, files a medical claim, such filing constitutes a waiver of this privilege with regard to the care and treatment of which complaint is made. ORC § 2317.02 (B) In non-judicial proceedings, a physician may furnish information to a quality assurance committee, utilization review committee or tissue committee regarding any patient examined or treated without being subject to discipline by the Medical Board for betraying a professional confidence or without being subject to suit for civil damages. ORC § 2305.24 (See also: BURNS, REPORTING OF; CHILD ABUSE; CRIME, FAILURE TO REPORT; MEDICAL RECORDS; PEER REVIEW COMMITTEES )PRIVILEGED COMMUNICATION |
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