In Rudnick v. Superior Court the California Supreme Court held that under certain circumstances a third party is constructively authorized to assert the physician-patient privilege in a civil proceeding on behalf of a patient who is not involved in the suit. The author advocates extension of this rule to impose a duty on the third party to assert the privilege in protection of the absent patient's privacy, and discusses the applicability of the holding to various third parties who receive confidential medical information.
Ralph W. Tarr,
Protecting the Privacy of the Absent Patient: Rudnick v. Superior Court,
27 Hastings L.J. 99
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss1/3