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Landmark Cases

Case Name: In re Joseph E. LIFSCHUTZ, MD,
on Habeas Corpus

Date, Location, Cite: 1970 CA
85 Cal Rptr 829
CA Supreme Court

Dr. Lifschutz treated Housek, who later sued 3rd party for emotional distress; that defendant subpoenaed Dr  Lifschutz's records- Dr  Lifschutz appeared but refused to testify, claiming Dr/pt relationship, tho' patient had not asserted it;( Lifschutz thought patient was masochistic) Dr. put in jail on Contempt- CA Supreme Court agreed- Privilege belongs to PATIENT, not DR. Since patient disclosed treatment, Court had right to them. Dr. Lifschutz intentionally refused a court order.