Haverstick v. Banet

Dissenting Opinion

DeBruler, J.

Under the present law the strict confidentiality of information acquired by a physician while treating or attending a patient is preserved in effect after the patient’s death. The Masonic Mutual Benefit Association v. Beck, (1881) 77 Ind. 203. After the death of the patient the restriction prevents the physician from testifying as to the patient’s testamentary capacity so long as anyone who may be said to stand in the place of the testator desires that it be maintained. Towles v. McCurdy, (1904) 163 Ind. 12, 71 N.E. 129. It is proper and right to repose this…