What is the test for waiver of a medical malpractice prohibition?

It is further contended that the rule laid down in People v. Pierson, 79 N. Y 424, should be applied to this case. We there held that the statute did not cover a case where its prohibition was invoked solely for the protection of a criminal, and not at all for the benefit or protection of the patient, who was dead, and a waiver of the prohibition had therefore become impossible. We are unable to perceive how the reasoning upon which that decision rests can have any application to this case. Here there is no allegation of crime, and there is a mere contest over the patient's property.