Legal Question in Civil Litigation in California
Physician Patient Privilege
In a sexual discrimination case against an employer, has the plaintiff waived the physician patient privilege if she claims she was not promoted due to her gender because the position would have exposed her to toxics that are harmful to her reproductive organs? The plaintiff does not claim injury or emotional distress, only loss of wages and benefits.
Asked on 8/14/00, 2:32 pm
1 Answer from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: Physician Patient Privilege
The answer is yes if she is claiming some peculiar susceptibility to injury. The key question is did she make her physical condition an issue by bringing the lawsuit.
Answered on 9/18/00, 4:05 am