Both of Jansen's doctors justified this by invoking physician-patient privilege.
Its court filings claim that federal law "does not recognize a physician-patient privilege" and that patients "no longer possess a reasonable expectation that their histories will remain completely confidential."
At the opposite extreme are state court decisions finding that when the company requires an exam by its own doctor, there is no physician-patient privilege.
This physician-patient privilege only applies to secrets shared between physician and patient during the course of providing medical care.
In some cases the physician-patient privilege is legally protected.
Citing federal case law, the department said in a brief that "there is no federal common law" protecting physician-patient privilege.
Almost every jurisdiction that recognizes physician-patient privilege not to testify in court, either by statute or though case law, limits the privilege to knowledge acquired during the course of providing medical services.
For example, in Texas there is only a limited physician-patient privilege in criminal proceedings, and the privilege is limited in civil cases as well .
Some fellow psychiatrists had complained to superiors that Hasan's requests violated physician-patient privilege.
The Federal courts do not recognize a general physician-patient privilege.