DOCTORS MUST TELL

Hawera & Normanby Star, Volume XLI, Issue XLI, 10 September 1921, Page 4

DOCTORS MUST TELL

SECRECY PI .EDO F! OVERRULED BY JUDGE.

NO PRIVILEGE IN LAW

Is a dor-tor exempt from disclosing in a <-ourt of law what happened lie- . tweeii him and a nntient at a clinic? This question, which bus been n-ised before in ono form or another, was discussed at the Divorce Court in London recently before Sir, Juwtico Horridne. During the- hearing of a husband's petition, after tho. petitioner had given evidence his counsel desired to cail Dr. John EHott, of Chester Dr. Elliott, on entering tho box. said he claimed the "privilege" of doctor and putient. and asked to be rolieved of the necessity of giving evidence. Mr. Justice Horridge said there was no.privilege for a doctor in n court of law. He ordered him to answer tho questions. ! I)r Elliott said that be and other medical men'who formed the particular clinic undertook the duties oti the distinct understanding that professional secrecy as to whnt happened there would be observed and upheld by the Ministry of Health. | His Lordship: I am sorry, but the Ministry has no power affecting the jurisdiction of these courts. ; Doctors wero. added the judge, subiect to tbe orders of the court, and htvi . to dtscloso what they knew. ' Dr. Elliott said he did not deny his lordship's ruling, but he wished to iwint out that he was placed in a painful position. i His Ixirdshin: Can you chow me nny statute which." will protect you?— Wit-, ness replied that there was a regulation, under the Public Health A"t*. His Lordship: Ye&; article 2, subsection 2; that limy bo a very good regulation between yourselves, but it has nothimr to do with these courts. Dr. Elliott said that patients treated at the clinic were not referred to by name, but identified only by a number, and tbe register was Icopt under lock and key. Be desired to be protected against having to violate "principles which the medical profession were observing in these matter*. His Lordship: These matters <lc nr>t affect tho jurisdiction of the King's courts. , Some medical men undertook these

duties, said the witness, simply »n the , interests of the nublic. regarding it as' a public duty to try to abate a tornble disease. He therefore again asked ( leave to protest having to stand up publicly and violate what was on»s of, the earliest and most sacred principles, of the medical nrofession, and one which the nrofession held most dear. { His Lordship: I do not see any painful position about it at all. You are bound to observe the regulations not to disclose voluntarily the information that you obtain, but so far as giving information which you are bound to observe the regulations not to disclose voluntarily the information that you obtain, but so far as giving information which you are bound to. give in asissting the administration or justice is concerned, it. is your duty to give it, and it is not a painful position at all. ;■ Dr. Elliott: We do not undertake not to disclose voluntarily, but not to .disI close at all. . ' His Lordship: Then you have tio power to do so. \ I Witness said it was one of. the things they held dearest—the confidence between- doctor, and patient, and he hoped his lordship would recqgnise their pesi-' tion. I His Lordship: It is not an unfa'r' obligation for doctors .to" assist .in the administration'of justice. ' You must give evidence, " . . ■ \ I>r< Eilip#: Very well. I have noth-1 me *urther4o say. - I must bow to your [ruling, I;pMS||»he^ and give- evidence.