Sletto v. Hospital Authority of Houston County

While I fully concur in Division 2 of the majority opinion and I fully concur in the analysis and holding of Division 1,1 do not agree with that portion of Division 1 that the release of the records did not present a jury issue that HMC and Jackson’s conduct was “malicious, wilful, or wanton.”

First, this case is about the unauthorized release of psychiatric hospital treatment records without subpoena or court order. Second, the unauthorized release of psychiatric records is expressly prohibited under OCGA §§ 24-9-21 (5) (patient-psychiatrist privilege); 37-3-166 (psychiatric hospital…