Cameron Fagen v. Grand View University, Npi Security, and Ross Iddings

WIGGINS, Justice.

An injured party brought a tort action claiming monetary damages for his injury. Part of his damage claim included damages for mental pain and mental disability. Based on this claim, the district court required the injured party to sign a patient’s waiver, allowing the tortfeasor access to the injured party’s mental health records without restriction. We now adopt a protocol balancing a patient’s right to privacy in his or her mental health records against a tortfeasor’s right to present evidence relevant to the injured party’s damage claims. Accordingly, we reverse the order…