State v. Thomas Wilson, 200 Ariz. 390, 26 P.3d 1161 (App. Div. 2 2001)
Feb 01, 2001OUTCOME: Case was dismissed
Mr. Wilson was indicted in August 1998 for fraudulent scheme and artifice. The allegations were that Mr. Wilson had defrauded his employer, the Tucson Police Department, and its insurance providers, b ... y either faking an injury and/or faking or exaggerating his medical condition resulting from the injury and thereby defrauding worker's compensation and/or his employer's insurance company of benefits. Defendant moved to suppress/preclude medical testimony and evidence from a physician who examined the Defendant. Defendant's position was that all of this information was gained through a violation of the doctor/patient privilege. The position of the State was that the medical evidence was admissible because it was either the result of fraud or it was an independent medical examination. Medical evidence was precluded by the Superior Court. The preclusion of this evidence was upheld in State v. Thomas Wilson, 200 Ariz. 390, 26 P.3d 1161 (App. 2001). This decision clarified doctor/patient privileges and rejected the State's argument that there was a fraud exception to the doctor/patient privilege.
