Hogue v. Massa

These appeals concern the right to interrogate a physician without the patient's consent on matters that are privileged under the physician-patient relationship, when his de position in a civil action, is taken before the trial for the purpose of discovery. The answer depends on whether there has been a waiver of the privilege.

On Saturday, June 27, 1959, Welton D. Hogue complained of severe abdominal pains. One of the defendants, Dr. Miller, an osteopathic physician was called to his home and ordered him taken to the defendant clinic for further examinations. He was there examined by Dr.…