Wipf v. Altstiel

[¶ 16.] This case involves nothing more than a question of statutory construction. However, the majority's decision today results in serious damage to patient privacy by judicially creating a redaction exception to SDCL 19-19-503, South Dakota’s physician-patient privilege.7 In doing so, the majority relies on a number of decisions from other jurisdictions that analyze the purpose of their respective privileges rather than the plain meaning of those statutes. Like the cases upon which it relies, the majority’s result-oriented analysis overlooks the primary issue in this case: Whether the…