Legal Opinion

Northlake Medical Center, LLC v. Queen

Court of Appeals of Georgia

Decided July 13, 2006No. A06A0540PublishedCited by 13 opinions

1Opinion of the Court

Ruffin, Chief Judge.

Linda Queen brought a medical malpractice action against North-lake Medical Center, LLC and others. Northlake moved to dismiss the complaint for Queen’s failure to comply with the medical record release requirement of OCGA § 9-11-9.2. The trial court denied the motion, concluding that OCGA § 9-11-9.2 was preempted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), and thus Queen was not required to file a medical record release authorization in compliance with the Georgia statute. We granted Northlake’s application for…

2Cases cited5 opinions

  1. State v. FieldenSupreme Court of Georgia · 2006
  2. Department of Human Resources v. ColeyCourt of Appeals of Georgia · 2000
  3. Smith v. American Home Prod. Corp.New Jersey Superior Court Appellate Division · 2003
  4. Department of Transportation v. RobinsonCourt of Appeals of Georgia · 2003
  5. In Re Diet Drug LitigationNew Jersey Superior Court Appellate Division · 2005

3Cited by13 opinions

  1. Allen v. WrightSupreme Court of Georgia · 2007
  2. Hamilton v. ShumpertCourt of Appeals of Georgia · 2009
  3. Allen v. WrightCourt of Appeals of Georgia · 2006
  4. In re Antonia E.New York City Family Court · 2007
  5. ALVISTA HEALTHCARE CENTER, INC. v. MillerCourt of Appeals of Georgia · 2009

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