In Re the Marriage of Hutchinson

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.

I. Facts and Proceedings.

In February 1995, the district court dissolved the marriage of Roy and Sela Hutchinson. The court granted…