Medical Hypothetical to Expand The Intellectual

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oiprocs

Diamond Member
Jun 20, 2001
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You're a doctor.
Your wife is a nurse at the same hospital.
You often work together.
Your wife's brother is a lawyer. He represents individuals who have issues with their health care.

A patient of yours has filed a lawsuit against you claiming you provided inadequate health care. Your wife assisted you with this patient in the hospital, and knows that you neglected to provide proper health care. However, it was a busy day, so the patient was discharged with instructions.

Now the patient wants revenge. Your wife's brother has deposed the patient and believes you are at fault. Let's assume the punishment for your neglect is loss of your medical license.

Your brother wants your wife to testify against you. You of course, would lose your license if this happens.

Do you ask your wife to decline to testify? Do you ask her to lie?

Or do you accept that what you did is wrong, lose all your hard work over the years, and move on to another career?

Edit: No other witnesses. Your wife and your wife only holds the information that could help the patient.

Edit:
Cliffs:

You're a doctor
Wife is nurse
Wife's brother is lawyer
Wife's brother represents patient who is suing you
Wife holds key information that would prove you guilty
Ask wife to lie/not testify? Or accept punishment and lose medical license?
 

Modelworks

Lifer
Feb 22, 2007
16,240
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The wife can claim marital privilege.
But I would think other witnesses would be available as would documents probably.

 

spidey07

No Lifer
Aug 4, 2000
65,469
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Please - 5th freaking amendment. Tell her she doesn't have to and that's the end of it.
 

Mo0o

Lifer
Jul 31, 2001
24,227
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76
Originally posted by: spidey07
Please - 5th freaking amendment. Tell her she doesn't have to and that's the end of it.

I thought that was more about self incrimination. If anything, she'd use spousal testimonial privilege



The spousal testimonial privilege

The spousal testimonial privilege (a.k.a. "spousal immunity") can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. Under the U.S. Federal Rules of Evidence, this privilege attaches to the witness spouse; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent their spouse from testifying against them.

This privilege does not survive the marriage; that is, after divorce, there is no right to refuse to testify against a defendant ex-spouse. This privilege may be restricted to testimony about events that occurred during the marriage, although in some jurisdictions it may apply to testimony about events occurring prior to the marriage.
 

spidey07

No Lifer
Aug 4, 2000
65,469
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I see. I thought it came from the self incrimination part of the 5th. Guess you learn something new everyday.
 
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