Yow v. Pittman

The defendants applied for an order of court permitting them to take, and requiring Dr. Brenizer to submit to the taking of, a deposition “pertaining to his examination, medical history secured by him, his diagnosis and treatment of the plaintiff, . . .” Such a deposition would require the physician to disclose not only his clinical findings, diagnosis and treatment, but “the history secured by him” from the plaintiff — information of a very confidential nature.

The defendants do not proceed under the deposition statute, G.S. 8-71, broad as its provisions are: “Any party in a civil action or…