That relationship in that respect is unique and is not at all similar to the relationship between physician and patient. The question of privilege or privileged communication was examined by Dean Wigmore and he concluded that there are four elements to be considered in determining whether or not immunity exists. The injury that would inure to the relation by the disclosure of the communication must be greater than the benefit thereby gained for the correct disposal of litigation. I think that is a good summary of the factors to be considered by the court in determining the question of whether a communication is privileged or not and particularly the fourth. The question almost answers itself in a case such as this.
Psychiatry is a relatively new science.
Its function is to study the operation of the mind and to apply methods of healing where the mind is disturbed. The pursuit of knowledge in that field has been long delayed. In both of the hostile camps, resort to psychiatry was not only frequent but virtually universal. It has long been extended to the point where in World War II it was a recognized and respected department of the operations of the military, naval and particularly the air forces. It has even gained recognition in our laws, although it is somewhat doubtful as to whether sufficient progress has been made in that field so that laws can be predicated upon it.