In the case of State v. Bergmann, the court considered the application of the doctor-patient privilege when a technician had drawn and analyzed the defendant's blood for medical reasons. In the discussion, the court stated that:
A) the evidence of his blood-alcohol content should not have been made against him because the doctor-patient privilege is virtually unbreachable in a criminal case.
B) the evidence of his blood-alcohol content was properly admitted because he had submitted a medical report to the prosecution to substantiate a different medical condition that happened to contain his blood-alcohol content record. The defendant had waived the doctor-patient privilege under the circumstances.
C) his blood-alcohol content should have been revealed to no one, not even the defendant, because of the doctor-patient privilege held by the doctor.
D) there is no privilege of a doctor-patient nature in any sort of criminal case.
Correct Answer:
Verified
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