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.
Brett T. DeLange,
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.
Available at: https://digitalcommons.law.uw.edu/wlr/vol59/iss1/6