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WYNN v. EARIN

No. 22811-8-III.

125 P.3d 236 (2005)

131 Wash.App. 28

Pardner WYNN, Appellant, v. Jolene EARIN and John Doe Earin, as Husband and Wife and Their Marital Community, Respondents.

Court of Appeals of Washington, Division Three.

December 22, 2005.

Attorney(s) appearing for the Case

Mary E. Schultz, Attorney at Law, Spokane, WA, for Appellant.

James B. King, Christopher J. Kerley, Attorneys at Law, Spokane, WA, for Respondents.

SWEENEY, A.C.J.

¶ 1 Washington's Health Care Information Act prohibits disclosure of health care information without specific procedural safeguards, which include the consent of the patient. Chapter 70.02 RCW. But an expert witness has common law immunity for disclosing health care information during a trial, so long as the information was obtained in anticipation of the litigation. Here, a former patient sued his marriage guidance counselor for violating the...

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