This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
At the common law, this privilege did not extend to physicians or clergymen, and in the absence of protecting statute they can be compelled to disclose every statement made to them in their professional capacity, no matter how sacred or confidential, the only limitation being that it must be material to the issue in the case.
1 1 Greenleaf, Sec. 243.
2 Stephens, Dig. Ev., Art. 115.
By statute, in a majority of the states, the privilege has been extended to physicians and ministers of the gospel, and no communication made to them in their professional capacity will be allowed to be disclosed without the consent of the patient or communicant, and this privilege extends to their clerks and employes.
 
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