Under Current Law, Was the Physician-Patient Privilege Waived in the Kobe Bryant Case?
Sometimes a patient can also waive a privilege simply by talking too much, to too many people, about the topic at issue — so that it is no longer private. Suppose a person has appeared on “Oprah” to discuss her depression, and along the way, she admits that it sometimes impedes her judgment. That public admission might mean that when she later testifies in a court case, not only will these statements be admissible, but her psychiatric records might be admissible, too. Her public admission may “open the door” to further inquiry. In the Kobe Bryant case, however, no such public disclosures were made. Reportedly, the accuser discussed her psychiatric history only with her mother, friends, and the police. If those were the only conversations she had, then under current law, the judge was right to hold that she did not waive her privacy — and thus, her physician-patient privilege — in the same sense that the “Oprah” guest might have. Going on “Oprah” is a far cry from chatting with your
