3.01.090 Physician-Patient Privilege; Definition

A physician or surgeon, or other regular practitioner of the healing art, cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient.

No person has a privilege if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort, or to escape detection or apprehension after the commission of a crime or a tort.

Communication between physician and patient means such information transmitted between physician and patient, including information obtained by an examination of the patient, as is transmitted in confidence and by a means which discloses the information to no third persons other than those reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it is transmitted.