State v. Shaw

MEYER, Justice.

I

The basic question for review on this appeal is whether the physician-patient privilege against disclosure of confidential communications and information extends to optometrists. We conclude that it does not. Because of the trial judge’s erroneous exclusion of testimony of the prosecuting witness’s optometrist proffered by defendant, as privileged, defendant is entitled to a new trial.

The evidence in brief summary tended to show that on the late night and early morning of 22-23 September 1980 the defendant lived with his wife Glenda and three of her sister’s children in the…