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BURTON v. UIHC

No. 96-1535.

566 N.W.2d 182 (1997)

Karen BURTON, Appellee, v. UNIVERSITY OF IOWA HOSPITALS & CLINICS, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 23, 1997.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Gordon E. Allen, Deputy Attorney General, for appellant.

Wallace L. Taylor, Cedar Rapids, for appellee.

James A. Albert, Des Moines, for amicus curiae Iowa Freedom of Information Council.

J. Kirk Norris, Des Moines, for amicus curiae Association of Iowa Hospitals and Health Systems.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and TERNUS, JJ.

LAVORATO, Justice.

At issue in this appeal is whether Iowa Code section 135.41 (1993) gives an in-hospital staff committee of a state hospital discretion to deny public inspection of records regarding summaries of nosocomial infections (infections that a person contracts while a patient at the hospital). Assuming the statute does give such discretion, we are then faced with the question whether such hospital must allow public inspection of the summaries pursuant to...

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