Kirkpatrick v. Milks

The trial court was of the opinion that Dr. Swan, the attending physician of the deceased, could not testify concerning the transaction resulting in the execution of the note. He based his ruling on the terms of sec. 325.21, Stats. That section, with respect to communications to doctors, provides that “No physician or surgeon shall be permitted to disclose any information he may have acquired in attending any patient in a professional character, necessary to enable him professionally to serve such patient.” The terms of that statute, as the learned trial judge said, generally have been…