Digital Commons Network^™

Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney

Missouri Law Review

The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …