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to report under statute makes physician an agent of the state); (noting psychologist had duty to report evaluation of child for “sexual disorder” under statute); (medical records relating to physician’s treatment of alleged abuser not protected by privilege under statute); A criminal statute, despite being “silent on the issue of civil liability,” can establish a civil duty if it is “designed to protect the class of persons, in which the plaintiff is included, against the risk of the type of har

§ 13-3806 (requiring physicians to report wounds that may have resulted from illegal activity); but see Benton v. Superior Court (State), (suggesting that the judiciary also has limited the privilege, but focusing on cases holding that there was no valid privilege—not creating exceptions to a validly held privilege).

466 (App. 1995) (holding that the physician-patient privilege did not shield the medical records of a mother charged with murdering her infant); (“[T]he public’s interest in protecting victims outweighs the privacy interest reflected in the physician-patient privilege.”).

§ 12-2235, is a statutorily created substantive right, (noting “there was no physician-patient privilege at common law.”) (citation omitted).

e light of reason and experience — governs a claim of privilege unless any of the following provides otherwise: [1] the United States or Arizona Constitution; [2] an applicable statute; or [3] rules prescribed by the Supreme Court.”); , (adopting crime-fraud exception to attorney-client privilege); Benton v. Superior Court (State), , (“Not every exception to a privilege established by statute is legislative in origin.

¶ 9 , Division One of this court held: “[T]he State may, without the permission of a victim, obtain the victim’s medical records when such records are needed for the prosecution of a criminal ease.” Benton involved an uncooperative victim of a domestic violence incident who refused to

¶ 10 , the state contends “[t]he public’s interest in protecting victims outweighs the privacy interest protected by the privilege.” Although we do not necessarily disagree with that general proposition or its application in Benton , it does not justify elimination of Wilson’s privilege here.

(hospital has no duty to assert physician-patient privilege "when served with a search warrant relating to its patients' medical records.") , , *548 1354 (App. 1994) (physician-patient privilege does not protect victim-patient records in criminal prosecution; "the public policy mandating prosecution of criminals is more compelling than the physician patient privilege").

(hospital has no duty to assert physician-patient privilege “when served with a search warrant relating to its patients’ medical records.”) , *548 1354 (App.1994) (physician-patient privilege does not protect victim-patient records in criminal prosecution; “the public policy mandating prosecution of criminals is more compelling than the physician patient privilege”).