Kennestone Hospital, Inc. v. Hopson

Fletcher, Presiding Justice.

In response to a request for discovery from a non-party under OCGA § 9-11-34 (c), Kennestone Hospital produced Sherri Hopson’s mental health records to her former husband in their divorce action. Hopson filed a claim alleging that the hospital was liable in tort for releasing records that were privileged, but the trial court granted summary judgment to Kennestone. Reversing, the Court of Appeals for the State of Georgia held that a patient’s failure to object within ten days to a request for a nonparty to produce documents does not amount to a waiver of the…