professional capacity

professional capacity
A function or status characterized by the employment of the specialized knowledge and skill of a particular profession in attending upon another. Within the statutory rule which prohibits a physician from testifying as to facts learned while attending his patient in a "professional capacity," a physician who was called as a physician, attended the patient as a physician, diagnosed the case as a physician, and administered remedies as a physician, acted in a professional capacity. And he so acted even though called in by a third party and against the protests of the patient. Meyer v Supreme Lodge Knights of Pythias, 178 NY 63, 70 NE 111.

Ballentine's law dictionary. . 1998.

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