P

The privilege is waived by: (1) Contract; (2) Calling the physician to testify; (3) Patient testifying; and (4) Disclosures to unnecessary third persons (unnecessary persons include family members and non-attending hospital nurses and doctors).

When the mental or physical condition of the plaintiff is in issue, the physician-patient privilege is waived and cannot be invoked to foreclose discovery of relevant evidence. E.g., Prink v. Rockefeller Center, Inc., 48 N.Y.2d 309, 316-17, 422 N.Y.S.2d 911, 915-16, 398 N.E.2d 517 (1979). It is generally true that 'where compensation is sought for personal injury, the health of the plaintiff before and after the accident may ...