December 21, 2007
Doctor Patient Privilege
I'm sure I missed a story at some point, so could someone explain this to me?
Dr. Arthur Ting, the orthopedist who operated on the former Giants star for an elbow injury in 1999 and for a disabling knee injury in 2005, "is likely to be a witness for the government at trial," wrote Assistant U.S. Attorney J. Douglas Wilson.
The prosecutors revealed Ting's role as a witness in a motion filed to ask U.S. District Judge Susan Illston to assess Bonds' legal team for potential conflicts of interest.
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Ting was among the witnesses subpoenaed by the government in its perjury investigation of Bonds, sources familiar with the case say. He also turned over Bonds' medical records to the government.
Doesn't doctor-patient privilege hold in this case? I thought Bonds would need to release his medical records, or is doctor-patient privacy just not that strong?
Posted by David Pinto at
08:23 AM
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I don't know about the privelege aspects, but is this about the time Bonds missed being used to avoid testing?
From what I've read, the only Doctor-Patient privelage recognized in a *FEDERAL* court is between a psychotherapist and his patient.
IANAL...
I just read somewhere that the relationship doesn't apply to these kinds of cases. I'll try to find out where I saw it and post.
Well, they publically came out and called the injury a "staph infection" which I found extremely suspect (I am subject to staph and it sucks, but a MLB athlete missing almost a year for it, highly unlikely). Maybe they're using providing false public statements to pressure him. I always thought the Dr./patient confidentiality was pretty strong.
That is correct - this type of privilege between doctor and patient is only at the state level and not the federal level.
Time for Barry to take a deal. Looks like his baragin basement legal defense has failed him. If he disclosed use to the doc, or on a medical disclosure form, he is done, 100%. Looks like Mike Vick is getting an all star roomie.
