PROFESSIONAL PRIVILEGE

Evening Star, Issue 12865, 14 July 1906, Page 12

PROFESSIONAL PRIVILEGE

MEDICAL MAN AND PATIENT.

An interesting question of evkl nee was debated before the Full Court (consisting of tho Acting Chief Justice, Mr Justice Hodges, and Mr Justice Chomley) with reference to how far the privilege exists between a medical practitioner and a patient whom he had examined, as to prohibiting the former from giving evidence in legal proce dings relative to matters which have come to his knowledge in connection with his professional cxa:inatoi of the patient. The matter has arisen out oi a County Court action which the executors of the l;\tc Robert Warn ckc have commenced against the Equitable Lif* Assurance Society of the United States claiming £ooo, the amount of a life policy whi.h tho deceased held with the defendant society. The defendants have asserted fraud in connection with the procurement of the policy, and seek to have a commission to examine Dr M. Lang, of London, but formerly of Victoria, who examined deceased shortly belore he made the proposal for the policy, and found him, as alleged, to be suffering from a serious complaint. This examination was made by Dr Lang as professional advis r to the deceased, and not

on behalf of the society. The plaintiffs opposed tbo application ior the commission, On the . ground that Dr Lang was prohibited under section 65 of the.Evidencs Act, 1890, without the consent of ins patient, from divulging any information which he might have acquired in attending the deceased, and which,was.necessary to enable him tpprescribe or Oct for his patient. The application .for the 'commission came before the Acting Chief Justice, who) in view of the important legal questions raised as to the exact meaning of section 55, referred the matter to the Full Court for an authoritative decision. After hea ing argument the Full Court reservea their decision.—Melbourne ‘ Argus.’