The physician-patient privilege covers information obtained from observation of the patient, unless the information would be obvious to laymen.

• A. True
• B. False
• C. The privilege excludes observational information
• D. The privilege applies only to patients' private communications

Answer: (A)

In New York, the physician-patient privilege protects not only confidential verbal communications between a patient and a physician but also information the physician obtains through observation during diagnosis or treatment. The important limit is that this protection does not cover facts that would be obvious to a layperson from ordinary observation. The rule balances encouraging candid medical discourse with preserving obvious, non-confidential facts that anyone could see. So, information the physician observes as part of care remains privileged, unless it’s something a layperson would readily notice without special expertise.