Waiving the Physician-Patient Privilege in Involuntary Commitment Proceedings in Washington—In re R., 97 Wn. 2d 182, 641 P.2d 704 (1982)

Authors

Brett T. DeLange

Abstract

In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a strong showing of necessity before allowing the exercise of the statutory waiver of the privilege.

First Page

103

Recommended Citation

Brett T. DeLange, Recent Developments, Waiving the Physician-Patient Privilege in Involuntary Commitment Proceedings in Washington—In re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), 59 Wash. L. Rev. 103 (1983).
Available at: https://digitalcommons.law.uw.edu/wlr/vol59/iss1/6