The Constitution Guarantees Doctor-Patient Confidentiality in Criminal Cases
Abstract
Admitting medical records against a patient in a criminal case violates the fifth amendment because a patient is compelled to tell her doctor inculpatory information. Issuing a search warrant for confidential doctor-patient records violates the right to privacy in the fourth amendment. Warden v Hayden (1967) left open an important exception allowing a constitutional doctor-patient privilege in criminal cases.
Suggested Citation
David E. Clark. 2010. "The Constitution Guarantees Doctor-Patient Confidentiality in Criminal Cases" B E Press
Available at: http://works.bepress.com/david_clark/2
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