Re: Doctors asking patients about guns and the Miranda analogy

2013-01-21 Thread Daniel D. Todd
I believe that is an ethical requirement to inform the patient AFTER the information is released, nothing at like Miranda. On Jan 20, 2013, at 7:10 PM, Phil Lee maryland_al...@yahoo.com wrote: There is a miranda-like requirement in the AMA code of conduct: When the disclosure of

Re: Doctors asking patients about guns and the Miranda analogy

2013-01-20 Thread C D Tavares
That's certainly one way of looking at it. Here is another. In the eyes of the average citizen, one basic difference between the cop and the doctor is that nobody is ever going to mistake the cop for a professional that the citizen has personally hired in order to perform a service to his own

RE: Doctors asking patients about guns and the Miranda analogy

2013-01-20 Thread Volokh, Eugene
Well, I'm not sure why one would think that the confidentiality of a doctor and a lawyer would be equivalent, given that the law does not -- and to my knowledge, never has -- provided for such equivalence. See, for instance, Cal. Civil Code sec. 998, which expressly provides

Re: Doctors asking patients about guns and the Miranda analogy

2013-01-20 Thread Phil Lee
/opinion505.page? ), but it is not strong enough to protect a patient generally. Phil From: Volokh, Eugene vol...@law.ucla.edu To: Firearmsregprof firearmsregprof@lists.ucla.edu Sent: Sunday, January 20, 2013 3:47 PM Subject: RE: Doctors asking patients about guns

Doctors asking patients about guns and the Miranda analogy

2013-01-19 Thread Volokh, Eugene
It seems to me the Miranda principle cuts in precisely the opposite direction. Recall that Miranda applies only when a police officer questions a suspect who is in custody. Even though a police officer always has some degree of coercive authority, non-custodial questioning