Moreland v. Austin

Thompson, Justice.

We granted a writ of certiorari to the Court of Appeals in Austin v. Moreland, 288 Ga. App. 270 (653 SE2d 347) (2007), to determine whether, in a medical malpractice case, the Privacy Rule of the Health Insurance Portability and Accountability Act (“HIPAA”) precludes defendant’s attorneys from informally interviewing plaintiffs prior treating physicians. The short answer is “yes.”

Following the death of her husband, Jimmy Lee Moreland, plaintiff Amanda Moreland brought this malpractice action against Dr. Michael Austin in the State Court of Bibb County. Plaintiff produced her…