Wynn v. Earin

163 Wash. 2d 361 (2008) · Supreme Court of Washington · April 3, 2008

Summary

The Washington Supreme Court considered whether witness immunity barred claims against a mental health counselor who disclosed counseling information and testified in a child-placement proceeding. The court held that the Uniform Health Care Information Act overrides common-law witness immunity for claims based on unlawful disclosure of health care information, but witness immunity barred malpractice claims arising from the counselor’s testimony. The court also concluded that claims relating to the counselor’s appearance and testimony were otherwise barred or waived and affirmed the trial court’s limited award of attorney fees and costs.

Holdings

  1. The Health Care Information Act prevails over the common-law witness-immunity rule, so witness immunity does not bar claims based on disclosure of confidential health care information in violation of the Act.
  2. Witness immunity may apply to testimony concerning information acquired during a professional relationship formed for nonlitigation purposes; the Court of Appeals' categorical contrary rule was too broad.
  3. Wynn waived his confidentiality rights under the Health Care Information Act by failing to object to Earin's testimony at the child-placement proceeding on the ground that it violated the Act.
  4. Under RCW 70.02.170(2), attorney fees and costs are awardable only for claims on which the plaintiff prevails and only to the extent reasonably incurred for those successful claims.

Questions Presented

  1. Whether the Health Care Information Act overrides common-law witness immunity for claims based on disclosure of confidential health care information during or in preparation for judicial proceedings.
  2. Whether witness immunity bars malpractice claims based on a mental health professional's testimony concerning information acquired during a prelitigation professional relationship formed for nonlitigation purposes.
  3. Whether Wynn waived statutory confidentiality rights by failing to object to Earin's testimony at the child-placement proceeding.
  4. Whether Wynn could assert statutory claims based on Earin's appearance as a witness for Wynn's former wife.
  5. Whether the Health Care Information Act entitled Wynn to attorney fees and costs incurred in pursuing unsuccessful, legally distinct claims in addition to fees attributable to successful statutory claims.

Disposition

other

Cases Cited (16)

  • Wynn v. Earin, 131 Wn. App. 28, 125 P.3d 236 (2005)(followed in part; reversed in part)
  • Deatherage v. Examining Bd. of Psychology, 134 Wn.2d 131, 948 P.2d 828 (1997)(followed and discussed)
  • Bruce v. Byrne-Stevens & Assocs. Eng'rs, Inc., 113 Wn.2d 123, 776 P.2d 666 (1989)(followed)
  • Briscoe v. LaHue, 460 U.S. 325, 103 S. Ct. 1108, 75 L. Ed. 2d 96 (1983)(discussed)
  • Price v. Kitsap Transit, 125 Wn.2d 456, 886 P.2d 556 (1994)(followed)
  • Tenney v. Brandhove, 341 U.S. 367, 71 S. Ct. 783, 95 L. Ed. 1019 (1951)(discussed)
  • Twelker v. Shannon & Wilson, Inc., 88 Wn.2d 473, 564 P.2d 1131 (1977)(discussed)
  • McUne v. Fuqua, 42 Wn.2d 65, 253 P.2d 632, 257 P.2d 636 (1953)(followed by analogy)
  • Brand v. Department of Labor & Industries, 139 Wn.2d 659, 989 P.2d 1111 (1999)(distinguished)
  • Caughell v. Group Health Cooperative of Puget Sound, 124 Wn.2d 217, 876 P.2d 898 (1994)(distinguished)

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