Dennis L. Cawthorn v. Catholic Health Initiatives Iowa Corp. D/B/A Mercy Hospital Medical Center, a Corporation

(concurring specially)-

I write to concur specially. I agree with the majority on its analysis of the law of the case issue. I also agree with the outcome; however, I disagree with the majority’s analysis of Iowa Code section 147.135(2) (2009). The legislature chose to use the term “privileged and confidential” to restrict the use of peer review records. The legislature not only used this term in section 147.135(2), but also in at least fifteen other statutes. See, e.g., Iowa Code §§ 2.32(10), 35B.10, 80A.17(1), 124.553(3), 155A.39(4), 252.25, 455B.484A(2), 507.14(1), 508E.7(5)(c),…