Legal Question in Workers Comp in Michigan

Doctor patient privilege

If I am injured and I file a workers compensation claim, does the doctor patient privilege extend to an investigation regarding whether I sustained an on the job injury? Or can my doctor disclose my medical history to witnesses to the incident to try to discredit me?


Asked on 9/25/06, 3:41 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Doctor patient privilege

If you are at odds with your doctor, you definitely don't have much of a case. On top of that, no one will force you to waive the doctor-patient privilege but if you don't, then you do not have a case, either. When you file a case, it is necessary that you waive the patient-physician privilege. William S. Stern

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Answered on 9/25/06, 4:05 pm
Paul Hughes Law Office of Paul M. Hughes

Re: Doctor patient privilege

This privilege is generally waived when you file a claim for benefits, but only subject to a subpoena or deposition; there has been some "loosening" of this rule in the general liability context however.

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Answered on 9/25/06, 4:48 pm


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