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That's how you win therapy (startrek.website)

submitted 11 months ago by Stamets@startrek.website to c/funny@sh.itjust.works

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[–] Socsa@sh.itjust.works 7 points 11 months ago* (last edited 11 months ago) (1 children)

Unironically, anything you tell a doctor can be used against you in court. I have been on two civil juries and in both cases the defense attorneys basically just read a bunch of tangentially related embarrassing medical records for seemingly no reason besides embarrassing the person their client injured.

[–] MacNCheezus@lemmy.today 3 points 11 months ago* (last edited 11 months ago) (1 children)

What about doctor-patient privilege, does that not exist anymore?

Admittedly, it wouldn't apply in this case since the person posted it to Twitter, but I mean in general.

[–] Socsa@sh.itjust.works 3 points 11 months ago (1 children)

Yes not many people realize that medical records can be subpoenad.

[–] MacNCheezus@lemmy.today 6 points 11 months ago* (last edited 11 months ago) (2 children)

From Wikpedia:

Physician–patient privilege is a legal concept [...] that protects communications between a patient and their doctor from being used against the patient in court.

What am I missing here? Clearly both cannot be true at the same time.

EDIT: nevermind, I found the answer further down on the page:

In the United States, the Federal Rules of Evidence do not recognize doctor–patient privilege.

At the state level, the extent of the privilege varies depending on the law of the applicable jurisdiction. For example, in Texas there is only a limited physician–patient privilege in criminal proceedings, and the privilege is limited in civil cases as well.

[–] cyberic@discuss.tchncs.de 2 points 11 months ago* (last edited 11 months ago)

But the types of cases are different. Civil cases are state cases and handle harm, murder, etc. Federal cases are often not about these types of things at all and are about businesses that operate in multiple states (because they may operate differently according to the state constitutions)

Edit: https://www.uscourts.gov/about-federal-courts/types-cases

It says that they preside over Constitutional cases

[–] Amends1782@lemmy.ca 2 points 11 months ago* (last edited 11 months ago)

US fed doesn't recognize basic ethics laws, how unsurprising

A boring dystopia