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Article
February 1, 1896

PHYSICIAN AS WITNESS TO WILL WAIVES SPECIAL PRIVILEGE.

JAMA. 1896;XXVI(5):238-239. doi:10.1001/jama.1896.02430570040006

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Abstract

The California Code of Civil Procedure provides that " a licensed physician or surgeon can not, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient which was necessary to enable him to prescribe or act for the patient." But in making his attending physician a subscribing witness to his will, the supreme court of California holds, in the case of Mullin's Estate, decided Dec. 3,1895, that a testator waives the privilege, and invites a full and proper examination of the matters and facts upon which his lips would otherwise have been sealed. Upon direct examination, the jury, in this case, was informed that the witness was a physician and surgeon, with years of experience and practice, and that he was the physician who attended the testator in his last sickness. Then, for their enlightenment, he was asked his opinion

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