Medical law: privileged communication: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law: privileged communication

Sample item

In a divorce case, the court asks a doctor about a diagnosis he made for the husband, who objects. What is the position in Indian law?

AThe doctor may refuse, since all medical information is privilegedBThe doctor must answer, since Indian law does not give doctor-patient communications privilege in courtCThe doctor may answer only after the patient is paid compensationDThe doctor may choose freely whether to answer

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

B. The doctor must answer, since Indian law does not give doctor-patient communications privilege in court

Indian evidence law protects communications between an advocate and client, but not between a doctor and patient. When ordered by a court, a doctor is bound to answer, and disclosure under such compulsion is not a breach of confidentiality. Outside the courtroom, confidentiality remains a strict duty subject to a few exceptions.

Option by option

A. The doctor may refuse, since all medical information is privileged
Only advocate-client communications are privileged, not all medical information.
B. The doctor must answer, since Indian law does not give doctor-patient communications privilege in court (correct)
Correct. A doctor has no privilege in court and must answer lawfully put questions.
C. The doctor may answer only after the patient is paid compensation
Compensation to the patient has no bearing on the doctor's duty to answer.
D. The doctor may choose freely whether to answer
A witness cannot decline a lawful order of the court, so the choice is not free.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is B, The doctor must answer, since Indian law does not give doctor-patient communications privilege in court. Indian evidence law protects communications between an advocate and client, but not between a doctor and patient.

Why is "The doctor may refuse, since all medical information is privileged" not the answer?

Only advocate-client communications are privileged, not all medical information.

Why is "The doctor may answer only after the patient is paid compensation" not the answer?

Compensation to the patient has no bearing on the doctor's duty to answer.

Why is "The doctor may choose freely whether to answer" not the answer?

A witness cannot decline a lawful order of the court, so the choice is not free.

What concept does this question test?

It tests Medical law: privileged communication in Forensic Medicine. When ordered by a court, a doctor is bound to answer, and disclosure under such compulsion is not a breach of confidentiality. Outside the courtroom, confidentiality remains a strict duty subject to a few exceptions.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: privileged communication?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.