Legal Definitions - patient-litigant exception

Patient-Litigant Exception

The patient-litigant exception is a legal rule that removes the doctor-patient privilege when a patient sues their doctor for malpractice. This means that the patient cannot keep confidentialinformation shared with their doctor during treatment a secret if it is relevant to the lawsuit.

For example, if a patient sues their doctor for misdiagnosing their illness, the patient-litigant exception would apply. The doctor would be allowed to share any information related to the misdiagnosis, even if it was previously confidential, in order to defend themselves in court.

Another example would be if a patient sues their doctor for prescribing the wrong medication. The patient-litigant exception would allow the doctor to disclose any information related to the prescription, including the patient's medical history and any side effects experienced, in order to defend themselves in court.

The patient-litigant exception is an important legal rule that balances the need for patients to receive confidential medical treatment with the need for doctors to defend themselves against malpractice claims. It ensures that patients cannot use the doctor-patient privilege as a shield to prevent relevant information from being disclosed in court. The examples illustrate how the exception applies in different situations where a patient sues their doctor for malpractice.