Harris v. Tenet Healthsystem Spalding, Inc.
322 Ga. App. 894
Ga. Ct. App.2013Background
- Plaintiffs sue multiple health care providers for medical malpractice related to decedent Mary Mitchell's care at Spalding Regional Medical Center.
- Defendants seek a qualified protective order under HIPAA to allow ex parte interviews with designated treating providers.
- Trial court grants narrowly tailored order permitting ex parte interviews limited to specific issues and with restrictions on certain topics.
- Order identifies interviewees, medical conditions at issue, purpose, and voluntariness of provider participation; prohibits mental health and substance abuse inquiries.
- Plaintiffs appeal, arguing the order is overly broad and inadequately protects privacy, among other challenges.
- Court reviews for abuse of discretion and defers to trial court’s tailoring of the protective order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the protective order overly broad under HIPAA? | Order risks disclosure of mental health issues not at issue. | Order narrowly tailors scope to issues at stake and protects privacy. | No abuse of discretion; order adequately narrow and compliant. |
| Does the order infringe HIPAA access rights (45 CFR) to designated records? | Plaintiff must have access/amend rights to health information. | Rights apply only to designated record sets, not to memory/impressions. | HIPAA access rights limited to designated records; no violation. |
| Was good cause shown for the protective order under OCGA § 9-11-26(c)? | Defendants failed to show good cause. | Record demonstrates good cause and efficiency of ex parte interviews. | Court did not abuse discretion; good cause shown. |
Key Cases Cited
- Moreland v. Austin, 284 Ga. 730 (Ga. 2008) (HIPAA preempts state privacy limits on ex parte interviews)
- Orr v. Sievert, 162 Ga. App. 677 (Ga. App. 1982) (privacy rights related to medical records context)
- Baker v. Wellstar Health Systems, Inc., 288 Ga. 336 (Ga. 2010) (require narrowly tailored orders with specific disclosures)
- Tender Loving Health Care Svcs. of Ga., LLC v. Ehrlich, 318 Ga. App. 560 (Ga. App. 2012) (abuse of broad orders; need precision to limit scope)
- Wellstar Health System, Inc. v. Jordan, 743 S.E.2d 375 (Ga. 2013) (transcripts as mechanism to monitor compliance with order)
- Sorrells v. Cole, 111 Ga. App. 136 (Ga. App. 1965) (trial court wide discretion on protective orders)