Some potential clients are concerned that they are opening up their entire medical history by filing a personal injury claim or lawsuit.   Whatever the reason, you should know that  R.C. § 2317.02 establishes several testimonial privileges that can be asserted to prevent someone with a special relationship to a party (i.e. husband or wife, attorney, clergy, etc.) from testifying in court proceedings relative to communications made to them by the party. One privilege that is codified is the physician-patient privilege. This testimonial privilege is certainly relevant in personal injury or medical malpractice cases.

Specially, R.C. § 2317.02(B) provides that physicians "shall not testify" concerning "communication made to the physician... by a patient in that relation or the physician's... advice to a patient..." unless (1) the patient has waived such privilege or (2) the request falls within one of the exceptions.