P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would testify that during the four years preceeding the accident he treated the P a total of twenty times for such ailments as contusions, rheumatic condition, and neuritis all in the right shoulder. Held: Waiver of privileges as to one physician is a waiver to all other physicians; order for new trial affirmed. McUne v. Puqua, 142 Wash. Dec. 60, 253 P.2d 632 (1953).
James F. McAteer,
Evidence—Patient Physician Privilege—Waiver of Privilege to One Physician as Waiver to Other Physician—Waiver by Patient's Own Testimony,
28 Wash. L. Rev. & St. B.J.
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