IN RE MARRIAGE OF HUTCHINSON

No. 97-1075.

588 N.W.2d 442 (1999)

In re the MARRIAGE OF Sela HUTCHINSON and Roy M. Hutchinson. Upon the Petition of Sela Hutchinson, Appellee, And Concerning Roy M. Hutchinson, Appellant.

Supreme Court of Iowa.

January 21, 1999.


Attorney(s) appearing for the Case

James R. Van Dyke of Van Dyke & Werden, P.C., Carroll, and Pete Leehey of Leehey & Valentine, Fort Dodge, for appellant.

Sharon R. Stevens and Susan Ekstrom, Des Moines, for appellee.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and CADY, JJ.


LAVORATO, Justice.

This appeal stems from a minor's suit for loss of parental consortium arising out of the alleged negligent medical treatment of the minor's parent. The issue is whether the suit waives that parent's statutory physician-patient privilege against disclosure of her medical records even though she is not a party to the suit and refuses to waive her privilege. We agree with the district court that the suit does not waive the privilege, and we affirm...

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