this post was submitted on 03 Dec 2023
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[–] 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