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1. The court should apply
At trial, the defendant called the plaintiff's physician to testify to confidential statements made to him by the plaintiff in furtherance of medical treatment for the injuries allegedly caused by the defendant. The plaintiff objects, claiming a physician-patient privilege.
The plaintiff sued the defendant for damages for physical injuries allegedly caused by the defendant's violation of the federal civil rights law. The incident occurred wholly within a particular state but the case was tried in federal court. The state code says, «The common-law privileges are preserved intact in this state.»
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The physician-patient privilege is a statutory privilege, which has not been adopted in all jurisdictions. However, in a substantial number of jurisdictions, a physician (and, in some jurisdictions, a dentist or nurse) is foreclosed from divulging in judicial proceedings information that he acquired while attending a patient in a professional capacity, which information was necessary to enable the physician to act in his professional capacity. Federal courts, however, currently do not recognize a physician-patient privilege.
D is correct. As a general rule, whether a privilege applies in a case brought in federal court is governed by the federal common law as it has been interpreted by the courts of the United States in the light of reason and experience. Because this case arose out of a violation of the federal civil rights law, the court should apply the federal law in determining the propriety of the physician-patient privilege. Although most states recognize doctor-patient privilege, the federal courts do not.
A is incorrect. Because the suit has been brought in federal court, based on a violation of a federal civil rights law, the federal law should be the applicable standard for determining whether the privilege applies, which it does not.
B is incorrect. This answer is partially correct in that federal law should apply to this case. However, federal courts do not recognize the physician-patient privilege, and therefore, the plaintiff's assertion of that privilege should not be recognized.
C is incorrect. As stated above, because the suit is in federal court and based on a violation of a federal civil rights law, federal law is the applicable standard, which is why the assertion of the privilege should be rejected.