Can a doctor be impeached for violating doctor-patient relationship rules?
Ok so in my AP Gov class we are doing a mock trial. One witness is a doctor who is describing injuries obtained by the woman on trial for murder. I have two questions :
In New York, is it considered a violation of doctor-patient confidentiality if the doctor discusses details of an injury with someone else, even if that person was in the office at the time that the doctor was making his diagnosis of the patient’s injury (i.e. was there implied consent and thus it doesn’t matter that they discuss it).
If it is a violation, can the doctor be impeached as a witness for breaking this law, even though it only carries a monetary penalty.
For bonus, points, can this witness also be impeached on the basis of prior inconsistent statements if the statements are not directly contradictory. For example, the doctor testified that he can tell the difference between abuse and accidents. In cross examination, the opposing counsel asked if he could tell the difference between someone being pushed down the stairs and someone falling down the stairs and he said no. Because one question is genral and one is specific, it seems to me as if there is no basis for impeachment, but I have no formal legal knowledge.
Any info from a lawyer/law student who knows specifically about the laws in New York would be extremely helpful.
Thanks!
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In cases where a doctor testifies as to a litigant’s condition, there’s usually consent, either express or implied. In any event it’s a collateral matter, and if I were the judge it’s not something I’d permit to be explored on the witness stand. It has nothing to do with the issues in the trial.
Inconsistent statements, sure. Those are always fair game. This is less real impeachment than simply pointing out the limits of a witnesses’ expertise.
November 28th, 2009 at 9:56 pm