Shannon and Danny NELSON, Individually, and on Behalf of E.N. F/K/A E.N., a Minor, Appellees, v. Lynn M. LINDAMAN, Lynn M. Lindaman, M.D., P.L.C. D/B/A Lindaman Orthopaedic, and Mercy Medical Center—Des Moines, Appellants
2015 Iowa Sup. LEXIS 49
| Iowa | 2015Background
- Infant with spiral arm fracture treated; DHS began child-abuse investigation under Iowa Code 232.70.
- DHS investigator Brown relied on Dr. Lindaman’s biomechanical opinion that the father’s mechanism was plausible.
- Multidisciplinary team concluded injuries were inconsistent with the father’s description; no-contact order pursued.
- E.N. later suffered massive brain injury after DHS delay in serving no-contact order.
- Plaintiffs allege Dr. Lindaman’s conduct proximately caused failure to protect; seek damages and punitive damages.
- District court denied summary judgment; appellate court granted interlocutory review and ultimately reversed to grant immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of §232.73 immunity for aiding in assessment | Nelsons say immunity does not extend to aiding in assessment | Lindaman argues immunity applies to aiding in assessment in good faith | Immunity extends to aiding in assessment in good faith |
| Standard for good faith under §232.73 | Plaintiffs contend objective reasonableness governs | Defendant argues subjective honest belief is controlling | Good faith is subjective; honesty in fact governs |
| Whether record shows dishonesty to defeat immunity | Evidence suggests bad faith or ulterior motives | No evidence of dishonesty; records show plausible belief | Record lacks evidence of dishonesty; supports immunity |
Key Cases Cited
- Maples v. Siddiqui, 450 N.W.2d 529 (Iowa 1990) (immunity applies to damages related to reporting and assisting in assessment; negligence alone not enough to defeat immunity)
- Garvis v. Scholten, 492 N.W.2d 402 (Iowa 1992) (subjective standard for good faith in aiding in a child-abuse investigation)
- Hlubek v. Pelecky, 701 N.W.2d 93 (Iowa 2005) (summary judgment possible when good faith is established or contested; framework for immunity cases)