THE LEGAL ASSAULT ON PHYSICIAN-PATIENT PRIVILEGE

Can there be appropriate and just disclosure of medical and therapeutic records, given that such records are defined and acted upon quite differently in the arenas of law and health, Medical and therapeutic records are kept for healing purposes, not as findings of fact for a court. However, Canadian courts increasingly are being asked to disregard privilege between doctor and patient when that patient has reported a sexual assault. The Supreme Court will soon rule in two cases that may change policies and laws and affect Canadian physicians, other health care professionals and hospitals.