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CHUNG v. LEGACY CORP.5/22/1996
l medical records of defendants on the basis of nothing more substantial than the plaintiff's election to sue").
In contrast, our interpretation of the patient-litigant exception does not undermine the purpose of the statutory privilege; the existence of the exception will not inhibit communication between a patient and his doctor because the patient knows his statements will remain confidential unless he affirmatively and voluntarily chooses to reveal them by raising his condition as an element or factor of any claim or defense the patient makes. See McCormick on Evidence ยง 103, at 384 (policy considerations support a finding of waiver only when the patient has voluntarily placed his condition in issue in a judicial proceeding).
We recognize our holding will preclude the discovery and admission of relevant evidence. That fact, however, is no reason not to apply the privilege, for it is in precisely this situation that the privilege is intended to operate. Dillenbeck, 539 N.Y.S.2d at 714, 536 N.E.2d at 1133; see Merhige, 657 So.2d at 1101 ("The waiver does not depend solely on the relevance of the privileged material, or on the adversary's need, no matter how strong, for the communication."); Muller, 534 N.W.2d at 727 ("the rules of privilege codify policy determinations that certain relationships and situations are deserving of protection, even if crucial information is thereby withheld"). As the highest court of New York has observed, "Were we to carve out an exception to the privilege whenever it inhibited the fact-finding process, [the privilege] would quickly become eviscerated." Dillenbeck, 539 N.Y.S.2d at 714, 536 N.E.2d at 1133. The Iowa legislature presumably balanced the competing interests when it made the policy decision to adopt the physician-patient privilege. It is not for this court to question the wisdom of the legislature's decision. See Krull v. Thermogas Co., 522 N.W.2d 607, 612 (Iowa 1994) ("In searching for legislative intent, we are bound by what the legislature said, not by what it should or might have said.") (emphasis added); Spurbeck v. Statton, 252 Iowa 279, 284, 106 N.W.2d 660, 663 (1960) (in considering the constitutionality of a statute, "the courts have no concern with the wisdom, justice, policy or expediency of a statute").
IV. Disposition.
In summary, we hold Karns' denial of Chung's allegation that Karns was intoxicated at the time of the accident did not make Karns' physical condition an element or factor of his defense. Therefore, the physician-patient privilege applies. The trial court erred in ordering discovery of privileged information. We reverse and remand for trial.
REVERSED AND REMANDED.
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