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In re KATHLEEN M.

Nos. 84-006, 84-007, 84-122.

126 N.H. 379 (1985)

In re KATHLEEN M. In re KATHLEEN D. In re CHARLES W.

Supreme Court of New Hampshire.

April 18, 1985

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Peter J. Minkow, attorney, on the brief and orally), for the State in the cases of Kathleen M. and Charles W.

Gregory H. Smith, attorney general (Douglas L. Patch, assistant attorney general, on the brief), by brief for the State in the case of Kathleen D.

Steven H. Slovenski, of Concord, by brief and orally, for Kathleen M.

Geiger and Heiser, of Penacook (Richard W. Heiser on the brief), by brief for Kathleen D.

Bamberger, Shaw & Pfundstein, of Concord (Donald J. Pfundstein on the brief and orally), for Charles W.

DOUGLAS, J.

These three cases are on appeal from the Merrimack County Probate Court (Cushing, J.) pursuant to Supreme Court Rule 7. They present the common issue whether the physician-patient privilege set forth in RSA 329:26 is applicable to involuntary commitment hearings pursuant to RSA chapter 135-B. We hold that no per se exception exists for such hearings, but that the physician-patient privilege is qualified...

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