Ohio's physician-patient privilege generally protects medical-related communications between patients and doctors from being disclosed. The patient may choose to waive the physician-patient privilege; there are exceptions to the privilege as well. However, this doctor-patient privilege is a bit more complicated in wrongful death claims.
In wrongful death lawsuits, the physician-patient privilege usually continues on after a victim has died. The privilege can still be waived, however, by the personal representative of the estate of the deceased patient.
Privileged communications between a patient and doctor may be an important piece of a wrongful death claim, but decisions to waive the privilege must be made carefully: Once a privilege has been waived, it cannot be reinstated. It is important to discuss the doctor-patient privilege with an experienced Ohio attorney, especially in wrongful death claims.
To discuss the physician-patient privilege with an experienced Ohio wrongful death lawyer, call The Donahey Law Firm at 866-918-5886 or contact us online.
When Does The Ohio Doctor-Patient Privilege Apply?
The physician-patient privilege covers more than in-office discussions, telephone calls and emails. The concept of privileged communications also encompasses charts, X-rays and other medical records. Many wrongful death suits alleging medical malpractice have questions involving the physician-patient privilege. The resolution of these questions can ultimately decide the outcome of a case.
If you have lost a loved one, it's wisest to discuss your wrongful death claim with an experienced Ohio attorney to ensure that the deceased's physician-patient privilege isn't accidentally waived in a damaging manner.
To discuss doctor-patient privileges in an Ohio wrongful death claim, contact The Donahey Law Firm or call us at 866-918-5886. Our attorneys have a wealth of experience litigating wrongful death lawsuits and easily recognize the mistakes that other lawyers make concerning a deceased's privileged communications.