The South Dakota Supreme Court has issued yet another first-impression privilege ruling. You will recall that, in Wipf v. Altstiel, 2016 WL 7411290 (S.D. Dec. 21, 2016), the court, in a matter of first impression, ruled that the physician–patient privilege does not protect from disclosure anonymous, third-party medical records. You may read my post on the decision here.
And in another medical-related case, the supreme court declined to adopt a crime–fraud exception to the state’s peer-review privilege. Novotny v. Sacred Heart Health Servs., 887 N.W.2d 83 (S.D. 2016). You may read the decision here.
The Sossan Litigation
The Novotny case involves several lawsuits against Allen Sossan, a former physician who allegedly defrauded patients into unnecessary surgeries and is reportedly now living in Iran. Here is a story from Becker’s Spine Review about the ostensible doctor.