The physician-patient privilege covers information in medical files and information obtained from observation, and is placed on the same basis as the attorney-client privilege.

• A. It applies only to physicians in hospitals
• B. It excludes information from medical records
• C. It applies to information in medical files and information obtained from observation, and is on the same basis as attorney-client
• D. It applies only to psychiatrists

Answer: (C)

In New York, the physician-patient privilege protects confidential information exchanged between a patient and their physician for the purpose of diagnosis and treatment, and it also covers information obtained from observation by the physician. This protection is treated the same way as the attorney-client privilege, meaning both are confidential communications or information gathered in the professional relationship and are generally not admissible in court without consent. The idea is to encourage full and honest disclosure so the professional can provide proper care or legal advice.

So, the correct understanding is that the privilege covers information in medical records and information obtained through examination or observation, and it sits on the same basis as attorney-client privilege. It is not limited to hospital physicians, not limited to psychiatrists, and it does not exclude medical records.