Legal Opinion

Eubanks v. Ferrier

Supreme Court of Georgia

Decided May 7, 1980No. 35989PublishedCited by 33 opinions

1Opinion of the Court

Marshall, Justice.

In this case, we are called upon to decide the constitutionality of Code Ann. § 88-3204 (Ga. L. 1975, pp. 739, 740). The General Assembly enacted this statute in 1975 in order to make the records and proceedings of hospital medical review committees privileged and nondisco verable. The appellant herein argues that this statute is both facially unconstitutional and unconstitutional as applied by the trial court. Although we sustain the constitutionality of Code Ann. § 88-3204, we do find that the trial court misconstrued and misapplied it. It is therefore unnecessary to…

2Cases cited9 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  3. Matchett v. Superior CourtCalifornia Court of Appeal · 1974
  4. Tucson Medical Center, Incorporated v. MisevchArizona Supreme Court · 1976
  5. Anderson v. Little & Davenport Funeral Home, Inc.Supreme Court of Georgia · 1978

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3Cited by33 opinions

  1. Hollowell v. JoveSupreme Court of Georgia · 1981
  2. Shelton v. Morehead Memorial HospitalSupreme Court of North Carolina · 1986
  3. Smith v. BaptisteSupreme Court of Georgia · 2010
  4. Virmani v. Novant Health Inc.Court of Appeals for the Fourth Circuit · 2001
  5. Emory Clinic v. HoustonSupreme Court of Georgia · 1988

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