section 622.10 medical privilege (Iowa) · Go Syfert
← Iowa issues

section 622.10 medical privilege in Iowa

32 Iowa opinions name it 2 courts 1974–2024 3 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (24)

CaseFollowedCited
State v. Eldrenkampgreen
iowa · 1995 · cited in 3 Iowa opinions naming this issue, 2006–2010
2 sentences

2010State v. Eldrenkamp, 541 N.W.2d 877 (Iowa 1995), reiterated that information found in medical records contains “privileged communications under section 622.10 ‘to the same extent that the knowledge and information of the examining or treating physician is privileged.’ ” Eldrenkamp, 541 N.W.2d at 881 (quoting Newman, 249 Iowa at 844 , 89 N.W.2d at 355 ).

2010State v. Eldrenkamp, 541 N.W.2d 877 (Iowa 1995), reiterated that information found in medical records contains “privileged communications under section 622.10 ‘to the same extent that the knowledge and information of the examining or treating physician is privileged.’ ” Eldrenkamp, 541 N.W.2d at 881 (quoting Newman, 249 Iowa at 844 , 89 N.W.2d at 355 ).

23
Tat Man Chung v. Legacy Corp.green
iowa · 1996 · cited in 2 Iowa opinions naming this issue, 2001–2019
2 sentences

2001See Chung v. Legacy Corp., 548 N.W.2d 147, 150 (Iowa 1996) (holding that "[t]he denial of an element or factor of one’s opponent’s case” does not operate as a waiver of the section 622.10 privilege).

2001See Chung v. Legacy Corp., 548 N.W.2d 147, 150 (Iowa 1996) (holding that "[t]he denial of an element or factor of one's opponent's case" does not operate as a waiver of the section 622.10 privilege).

22
McMaster v. Iowa Board of Psychology Examinersgreen
iowa · 1993 · cited in 2 Iowa opinions naming this issue, 1994–2016
2 sentences

2016See Iowa Code § 622.10 (1) (providing a “mental health professional . . . shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the person in the person’s professional capacity”); id. § 622.10(6)(e)(1) (defining medical records as “containing a patient’s health or billing information”); see also McMaster v. Iowa Bd. of Psychology Exam’rs, 509 N.W.2d 754, 757 (Iowa 1993) (“The privilege in section 622.10 is limited to disclosure of confidential communications by the giving of testimony.”). 14 Furthermore, we do not find the journal is needle

1994McMaster v. Board of Psychology Examiners, 509 N.W.2d 754, 757 (Iowa 1993).

22
State v. Godfreygreen
iowa · 2009 · cited in 2 Iowa opinions naming this issue, 2013–2013
2 sentences

2013See State v. Godfrey, 775 N.W.2d 723, 724 (Iowa 2009) (per curiam); State ex rel.

2013See State v. Godfrey, 775 N.W.2d 723, 724 (Iowa 2009) (per curiam); State ex rel.

22
In Re the Marriage of Hutchinsongreen
iowa · 1999 · cited in 2 Iowa opinions naming this issue, 2006–2006
2 sentences

2006See In re Marriage of Hutchinson, 588 N.W.2d 442, 446 (Iowa 1999). [T]he section 622.10 privilege includes declarations by a witness in court or in a deposition.

2006See In re Marriage of Hutchinson, 588 N.W.2d 442, 446 (Iowa 1999). 18 [T]he section 622.10 privilege includes declarations by a witness in court or in a deposition.

22
State v. Demaraygreen
iowa · 2005 · cited in 2 Iowa opinions naming this issue, 2006–2006
2 sentences

2006For example, we have held that “[t]he privilege extends to medical records that contain information which would be inadmissible at trial as oral testimony from the physician.” State v. Eldrenkamp, 541 N.W.2d 877, 881 (Iowa 1995); see also State v. Demaray, 704 N.W.2d 60, 64-65 (Iowa 2005) (stating that medical records containing the results of Demaray’s blood test were covered by the physician/patient privilege).

2006For example, we have held that “[t]he privilege extends to medical records that contain information which would be inadmissible at trial as oral testimony from the physician.” State v. Eldrenkamp, 541 N.W.2d 877, 881 (Iowa 1995); see also State v. Demaray, 704 N.W.2d 60, 64-65 (Iowa 2005) (stating that medical records containing the results of Demaray’s blood test were covered by the physician/patient privilege).

22
State v. Colegreen
iowa · 1980 · cited in 2 Iowa opinions naming this issue, 1988–1992
2 sentences

1992Snethen v. State, 308 N.W.2d 11, 14 (Iowa 1981); State v. Cole, 295 N.W.2d 29, 32 (Iowa 1980).

1992Snethen v. State, 308 N.W.2d 11, 14 (Iowa 1981); State v. Cole, 295 N.W.2d 29, 32 (Iowa 1980).

22
State v. District Court of Iowa, in & for Linn Countygreen
iowa · 1974 · cited in 2 Iowa opinions naming this issue, 1976–1980
2 sentences

1980Under the second element the privilege is limited to “all knowledge and information gained by the physician in the observation and personal examination of the patient in the discharge of his duties.” State v. District Court, 218 N.W.2d 641, 643 (Iowa 1974).

1976State v. District Court of Iowa, In & For Linn County, 218 N.W.2d 641, 643 (Iowa 1974).

22
Chidester v. Needlesgreen
iowa · 1984 · cited in 2 Iowa opinions naming this issue, 1993–1999
2 sentences

1999Id.

1999Chidester v. Needles, 353 N.W.2d 849, 852 (Iowa 1984).

12
State v. Nowlingreen
iowa · 1976 · cited in 2 Iowa opinions naming this issue, 1980–1991
2 sentences

1991State v. Nowlin, 244 N.W.2d 596, 602 (Iowa 1976).

1980In Nowlin we listed the elements which must exist in order for a physician-patient privilege to arise under section 622.10: “(1) the relationship of doctor-patient; (2) information acquired during this relationship; and (3) the necessity and propriety of the information to enable the doctor to treat the patient skillfully in his professional capacity. [Authority.]” 244 N.W.2d at 602 .

12
State v. Bedelgreen
iowa · 1971 · cited in 2 Iowa opinions naming this issue, 1974–1983
2 sentences

1983See, e.g., State v. Bedel, 193 N.W.2d 121 (Iowa 1971).

1974In Bedel, supra, the third essential element required to trigger the § 622.10 privilege was lacking.

12
Bailey v. Chicago, Burlington & Quincy Railroad Co.green
iowa · 1970 · cited in 1 Iowa opinions naming this issue, 2024–2024
1 sentence

2024Iowa has enshrined its attorney–client privilege in Iowa Code 16 section 622.10, and our caselaw recognizes that this provision effectuates a priv- ilege “of ancient origin.” Bailey v. Chi., Burlington & Quincy R.R., 179 N.W.2d 560, 563 (Iowa 1970).

11
Keefe v. Bernardgreen
iowa · 2009 · cited in 1 Iowa opinions naming this issue, 2024–2024
1 sentence

2024The privilege “bars attorneys from disclosing confidential com- munications.” Keefe v. Bernard, 774 N.W.2d 663, 669 (Iowa 2009).

11
State v. Hardingreen
iowactapp · 1997 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023See State v. Hardin, 569 N.W.2d 517, 520 (Iowa Ct. App. 1997) (noting the privilege is not “designed as a shield” to conceal patient information); but see State v. Leedom, 938 N.W.2d 177 , 189-90 (Iowa 2020) (noting medical details disclosed through cross-examination would not result in a waiver of the privilege).

11
Shook v. CITY OF DAVENPORT, IOWAgreen
iowa · 1993 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021Our law recognizes that a “confidential communication between an attorney and the attorney’s client is absolutely privileged from disclosure against the will of the client.” Fenceroy, 903 N.W.2d at 242-43 (citing Shook v. City of Davenport, 497 N.W.2d 883, 886 (Iowa 1993), abrogated on other grounds by Wells Dairy, Inc. v. Am. Indus.

11
State v. Randlegreen
iowactapp · 1992 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See State v. Randle, 484 N.W.2d 220, 221 (Iowa Ct. App. 1992) (reiterating “information communicated to a third party who is not within the scope of the privilege destroys the confidential nature of the disclosures and renders them admissible”). 5 Doorenbos refers only to the general proposition that courts strictly construe privileges under section 622.10 because they impede the “full and free discovery of the truth.” See In re A.M., 856 N.W.2d 365, 373 (Iowa 2014).

11
In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witnessgreen
iowa · 2014 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See State v. Randle, 484 N.W.2d 220, 221 (Iowa Ct. App. 1992) (reiterating “information communicated to a third party who is not within the scope of the privilege destroys the confidential nature of the disclosures and renders them admissible”). 5 Doorenbos refers only to the general proposition that courts strictly construe privileges under section 622.10 because they impede the “full and free discovery of the truth.” See In re A.M., 856 N.W.2d 365, 373 (Iowa 2014).

11
Jerry L. And Susan Ashenfelter Vs. Amy S. Mulligangreen
iowa · 2010 · cited in 1 Iowa opinions naming this issue, 2015–2015
2 sentences

2015See Ashenfelter, 792 N.W.2d at 671-72 .

2015See Ashenfelter, 792 N.W.2d at 671– 72.

11
State v. Richmondgreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014State v. Richmond, 590 N.W.2d 33, 35 (Iowa 1999).

11
State v. Heemstragreen
iowa · 2006 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014See Heemstra, 721 N.W.2d at 559-60, 563 (remanding case for in camera inspection of treatment records despite confidentiality claimed under both section 228.2 and section 622.10).

11
Bradshaw v. Iowa Methodist Hospitalgreen
iowa · 1962 · cited in 1 Iowa opinions naming this issue, 1999–1999
2 sentences

1999Iowa Code § 622.10 (“The prohibition does not apply to cases where the person in whose favor the prohibition is made waives the right conferred .... ”); Bradshaw v. Iowa Methodist Hosp., 253 Iowa 1360, 1362 , 115 N.W.2d 816, 817 (1962) (holding that the section 622.10 privilege is personal to the patient and only the patient may claim or waive the confidentiality). *447 B.

1999Iowa Code § 622.10 (“The prohibition does not apply to cases where the person in whose favor the prohibition is made waives the right conferred .... ”); Bradshaw v. Iowa Methodist Hosp., 253 Iowa 1360, 1362 , 115 N.W.2d 816, 817 (1962) (holding that the section 622.10 privilege is personal to the patient and only the patient may claim or waive the confidentiality). *447 B.

11
State v. Craneygreen
iowa · 1984 · cited in 1 Iowa opinions naming this issue, 1998–1998
1 sentence

1998See State v. Craney, 347 N.W.2d 668, 677 (Iowa 1984) (privilege under Iowa Code section 622.10 extends only to communications “entrusted” to a practicing attorney).

11
Snethen v. Stategreen
iowa · 1981 · cited in 1 Iowa opinions naming this issue, 1992–1992
2 sentences

1992Snethen v. State, 308 N.W.2d 11, 14 (Iowa 1981); State v. Cole, 295 N.W.2d 29, 32 (Iowa 1980).

1992Snethen v. State, 308 N.W.2d 11, 14 (Iowa 1981); State v. Cole, 295 N.W.2d 29, 32 (Iowa 1980).

11
In the Interest of Hochmuthgreen
iowa · 1977 · cited in 1 Iowa opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (2)

CaseNegativeCited
State of Iowa v. Richard Wayne Leedomgreen
iowa · 2020 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023See State v. Hardin, 569 N.W.2d 517, 520 (Iowa Ct. App. 1997) (noting the privilege is not “designed as a shield” to conceal patient information); but see State v. Leedom, 938 N.W.2d 177 , 189-90 (Iowa 2020) (noting medical details disclosed through cross-examination would not result in a waiver of the privilege).

11
In Re Marriage of Gaumergreen
iowa · 1981 · cited in 1 Iowa opinions naming this issue, 1981–1981
1 sentence

1981But cf. In re Marriage of Gaumer, 303 N.W.2d 136, 138 (Iowa 1981) (psychologist not “counselor” within meaning of section 622.10).

11

Also cited on this issue (5)

CaseCitedYears
Roosevelt Hotel Ltd. Partnership v. Sweeney green
iowa · 1986
2 sentences

2009Partnership v. Sweeney, 394 N.W.2d 353 (Iowa 1986), we addressed ex parte informal interviews between attorneys and treating physicians.

2009Partnership v. Sweeney, 394 N.W.2d 353 (Iowa 1986), we addressed ex parte informal interviews between attorneys and treating physicians.

31999–2009
State v. More green
iowactapp · 1985
2 sentences

2016Id. at 722-23 .

2016Id. at 722–23.

22016–2016
Harder v. Anderson, Arnold, Dickey, Jensen, Gullickson & Sanger, L.L.P. green
iowa · 2009
1 sentence

2014Hill-Hunt and Kavalier, asserting the children’s doctor/patient and therapist/patient privileges pursuant to Iowa Code section 622.10 (2011) and Harder v. Anderson, Arnold, Dickey, Jensen, Gullickson & Sanger, L.L.P., 764 N.W.2d 534 (Iowa 2009).

12014–2014
Pennsylvania v. Ritchie green
scotus · 1987
2 sentences

2013Finally, the State asserts that to the extent Neiderbach has met his burden on the question of production of mental health records, the in camera inspection provision of section 622.10(a)(2)(b) is constitutional under Pennsylvania v. Ritchie, 480 U.S. 39 , 57-58, 107 S. Ct. 989 , 1001-02, 94 L. Ed. 2d 40 , 57-58 (1987), and because a defendant will have to identify the information sought with reasonable specificity, enabling the district court to better find potentially exculpatory evidence. 2.

2013Finally, the State asserts that to the extent Neiderbach has met his burden on the question of production of mental health records, the in camera inspection provision of section 622.10(a)(2)(b) is constitutional under Pennsylvania v. Ritchie, 480 U.S. 39 , 57-58, 107 S. Ct. 989 , 1001-02, 94 L. Ed. 2d 40 , 57-58 (1987), and because a defendant will have to identify the information sought with reasonable specificity, enabling the district court to better find potentially exculpatory evidence. 2.

12013–2013
Newman v. Blom green
iowa · 1958
2 sentences

2010State v. Eldrenkamp, 541 N.W.2d 877 (Iowa 1995), reiterated that information found in medical records contains “privileged communications under section 622.10 ‘to the same extent that the knowledge and information of the examining or treating physician is privileged.’ ” Eldrenkamp, 541 N.W.2d at 881 (quoting Newman, 249 Iowa at 844 , 89 N.W.2d at 355 ).

2010State v. Eldrenkamp, 541 N.W.2d 877 (Iowa 1995), reiterated that information found in medical records contains “privileged communications under section 622.10 ‘to the same extent that the knowledge and information of the examining or treating physician is privileged.’ ” Eldrenkamp, 541 N.W.2d at 881 (quoting Newman, 249 Iowa at 844 , 89 N.W.2d at 355 ).

12010–2010

Statutes the citing opinions construe

IA § Iowa Code § 622.10 (32) IA § Iowa Code § 707.1 (5) IA § Iowa Code § 702.18 (4) IA § Iowa Code § 726.6 (4) IA § Iowa Code § 228.2 (3) IA § Iowa Code § 232.2 (3) IA § Iowa Code § 232.96 (3) IA § Iowa Code § 622.9 (3) IA § Iowa Code § 708.4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check