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

MANSFIELD, Justice.

This case comes before us for the second time. We must determine whether a hospital that previously produced a physician’s credentialing file and relied on that file at trial may object to the use of those documents following our reversal and remand for retrial. We conclude the law of the case did not bar the hospital from changing course because our earlier opinion did not expressly or impliedly decide the admissibility of the credentialing file. We also find that Iowa Code section 147.135(2) (2009) sets forth not only a privilege, but also a separate rule of…