Markham v. Hipke

The action is for malpractice. The defendant, a physician, was being examined adversely before trial, under sec. 4096, Stats., and refused to disclose information received by him while treating the plaintiff as a patient and which was necessary to enable him to prescribe, although the plaintiff expressly waived the statutory privilege of secrecy and he was ordered to answer by the court. For this refusal he was adjudged guilty of contempt, and appeals.

The sole question presented is whether the privilege granted by sec. 4075, Stats., is the privilege of the patient or of the physician. We…