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Gerguis v. Statesboro HMA Med. Group LLC

The doctors were only entitled to copies of the medical records of their former patients who specifically authorized the disclosure of their records.

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After having sold their private practice to Statesboro HMA Medical Group “HMA”, Drs. John and Angela Gerguis collectively “the Doctors” left their employment with HMA. Thereafter, the Doctors sought an emergency injunction ordering HMA to provide them, and their new medical practice, with copies of all of the electronic patient medical records that they had previously sold to HMA. Following a hearing, the trial court issued an interlocutory injunction denying the Doctors’ request for medical records for patients who had not specifically authorized the disclosure of their records, but ordering HMA to provide the Doctors with paper and electronic copies of all records for patients who had provided such authorizations. The Doctors appeal, contending that the trial court erred: 1 in failing to allow the Doctors copies of all patient records pursuant to their contract with HMA; 2 in interpreting the Health Insurance Portability and Accountability Act of 1996 “HIPAA” to prohibit the Doctors from obtaining copies of all patient records; and 3 in permitting HMA to provide the Doctors with paper, rather than electronic, copies of records. For the reasons that follow, we affirm.

An interlocutory injunction is a device used to maintain the status quo of the parties pending final adjudication of the case and should not be granted except in clear and urgent cases where there is a vital necessity to prevent a party from being damaged and left without a remedy.

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