Answer to Question 1
It applies to the introduction of evidence at trial and is used to prevent the forced disclosure or testimony about information obtained by the health care provider during the course of treatment. The privilege exists to encourage the patient's disclosure of relevant information to the health care provider, no matter if that information is of an embarrassing or humiliating nature. It applies at both the federal and private sectors.
Answer to Question 2
Living Will- a document, exercised when a patient is competent, that provides direction as to medical care in the event the patient becomes incapacitated or unable to make personal decisions.
Durable Power of Attorney- a document that allows a competent patient to name someone else to make health care decisions in the event the patient becomes incapacitated or unable to make personal decisions.
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