A psychiatrist is served a court summons requiring disclosure of what a patient revealed during therapy sessions. The patient objects. What is the legally correct position?
- A The doctor is bound to protect the confidence unless the patient consents or a court orders disclosure ✓
- B The doctor should share the records informally with the investigating officer before the hearing
- C The doctor must never disclose such communications under any circumstance whatsoever
- D All therapeutic communications lose confidentiality the moment litigation begins
Correct answer: A. The doctor is bound to protect the confidence unless the patient consents or a court orders disclosure
Explanation
Communications made to a doctor during treatment enjoy professional privilege: the doctor cannot be compelled, nor permitted, to reveal them without the patient's express consent. The exceptions are an order from a competent court directing disclosure, or a statutory duty such as notification of a communicable disease. Option C overstates the duty, since a court order overrides it. Option B breaches privilege unlawfully, and litigation by itself destroys no confidentiality, ruling out D.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 34th ed.
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