The analogy between the privilege a client with regard his attorney's disclosures, and that a patient with regard the testimony his physician, not complete as make essential present custom essay paper here, for the sake their bearing upon the subject now under consideration, a study the principles be deduced dissertation format from the numerous decisions with reference attorne S as witnesses. The analogous cases clergymen and priests are also beyond the scope this treatment. Rules Construction.
The restrictions are in derogation the common law and in accordance with the rule interpretation ordinarily adopted should strictly construed, but the courts have generally looked dissertation writers at the policj the enactments, and have construed them as preserve inviolably the confidence existing between physician and patient, without narrowing their effect a strict interpretation their language. In Indiana, under a former law which protected matters confided, was said that the statute should given a broader scope than the word confided in a strict sense imports, as to cover matters learned observation and examination. But, though the statute in terms absolutely prohibits a disclosure, it has been said, in Indiana, that gives no right the physician refuse testify where the patient waives the privilege, and that creates no absolute incompetency, because hold otherwise paraphrasing and summarizing worksheets would result in obstructing justice without subserving the purpose the statute. In Missouri, there a dictum that the privilege should carefully limited what the statute requires, not much because in derogation the common law as because in exclusion the best evidence, the ground privilege but in this very case, the real question was whether the word oral should construed into the statute as exclude from its protection information acquired inspection and observation, and was held that no such narrow interpretation was proper.
In a later case the narrowing dicta the foregoing opinion were disapproved, and subsequently the disposition make a liberal construction was shown the highest court the State, although a general rule interpretation proposal for dissertation was not announced.
In New York, the rule that a statute in derogation cheap essay writer the common law strictly construed does not apply the Code Civil Procedure.
But before the enactment this statutory rule there was a tendency interpret liberally the law prohibiting disclosures. In Arkansas the tendency seems to construe the law strictly. The spirit interpretation will more fully illustrated in the discussion particular cases which follows. In New York was claimed that the protection afforded by the statute nullified the provision for the examination of a party before trial, but was held that the statutes Actions. The statutes confining the restriction civil actions have been cited above.
In Iowa, in an action for breach of promise marry, was said that the privilege does not extend the protection advice for the commission a crime, In New York the rule was at first embodied in the Revised Statutes the State, but upon the adoption the Code Civil Procedure was included therein, and subsequently the provision the Revised Statutes was repealed.
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In that State law the rules evidence in civil cases are applicable also criminal cases, except as otherwise expressly provided and the statutes provide no different rule in criminal actions as this class evidence.
Notwithstanding this fact, however, has been said the Court Appeals, in a case where there was an attempt screen a murderer insisting that his victim's physician was not a competent witness as to information acquired him while attending his patient, that the design the law was enable the patient make known his condition his physician without the danger disclosing what would annoy his feelings, damage his character, or impair his standing while living, or disgrace his memory when dead, but that was not intended protect a murderer rather than to shield his victim and quoting from the opinion Talcott, in the court below, the Court said The purpose for which the aid the statute invoked utterly foreign the purpose and object the act and diametrically opposed any intent which the legislature can supposed have had in enacting contrary and inconsistent with its spirit, which most clearly intended protect the patient and not shield one who charged with his murder that in such a case the statute is not construed as used as a weapon defence a party charged instead a protection his victim. Accordingly was held that the evidence was not excluded under the statute.
But the rule still applicable criminal actions. In a later case, where the accused was indicted for abortion, the same court held, that where the patient was living and the disclosure tended convict her too crime or cast discredit and disgrace upon her, the evidence her physician as information acquired him in attendance phd no thesis upon her was inadmissible in the trial the man charged with the crime. In a still later case, the General Term the Supreme Court held, where the accused was trial for murder and had confided a physician what had done, that the physician could not disclose the confidence. The rule deducible from these decisions seems that in New York the privilege extends criminal actions, even though they trials for murder, and even though the person accused the patient, but that the statute will applied only for the protection the patient, and where apparent that no injury can possibly done the patient or his memory the admission the evidence, and the interests justice demand the disclosure, for the punishment a person for an injury done the patient involving a violation the criminal law, and the patient not alive waive the privilege, that the disclosure not forbidden. In New York efforts have been made exclude from the operation the statute other classes actions, which has been urged that the reasons for the enactment not apply, or in which the mischief alleged wrought its enforcement has been suggested as ground for believing that the legislature could not have intended include them. Of these, actions for divorce the ground adultery are one class but has been held that they constitute no exception. In Indiana, information as to Testamentary Causes.