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202 Ga. App. 9

Baldwin County Hospital Authority v. Wright

Court of Appeals of Georgia

Decided November 14, 1991

Court of Appeals of Georgia · decided 1991-11-14

Cited by 2 later decisions — most recently February 2003

2 state decisions

Relies on Emory Clinic v. Houston · 185 Ga. App. 289 - Emory University v. Houston

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Decided 1991-11-14

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Andrews, Judge.

¶1We granted the application of the Baldwin County Hospital Authority for interlocutory review of the trial court’s order allowing discovery from it in a lawsuit filed by a physician denied hospital privileges.

¶2Dr. Wright sued for defamation and also alleged that the Hospital proceedings violated due process based in part on hearsay information.

¶3Since this was an action by a physician denied privileges by a peer review committee contending that false information motivated by malice was the basis of the denial, the trial court concluded that a violation of the peer review statute had been alleged and the privilege did not apply.

¶4This court’s analysis reflected in our opinion in Emory Univ. v. Houston, 185 Ga. App. 289 (364 SE2d 70) (1987) recognized differences in the medical review statute, OCGA § 31-7-140 et seq. and the peer review statute, OCGA § 31-7-130 et seq. As to the privilege from discovery, however, the Supreme Court has held that both proceedings are absolutely privileged. Emory Clinic v. Houston, 258 Ga. 434, 435 (369 SE2d 913) (1988).

¶5Therefore, the order granting discovery was in error.

¶6Judgment reversed.

Sognier, C. J., and McMurray, P. J., concur.Cedric T. Leslie, for appellee.
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