DeKalb Med. Ctr. Inc. v. Obekpa

The defendant hospital was entitled to immunity pursuant to Georgia's peer review statute, O.C.G.A. § 31-7-132 a, on the plaintiff physician's claims for equitable relief.

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DeKalb Medical Center, Inc. “the hospital” appeals from an order of the Superior Court of DeKalb County that enjoined the hospital from reporting to the National Practitioner Data Bank “the data bank” a final, adverse decision of the hospital’s Board of Directors “the board” to deny the application of Dr. Adah E. Obekpa for renewal of his clinical privileges while Obekpa’s claims against the hospital remained pending. The hospital also appeals the court’s order denying its motion to dismiss Obekpa’s complaint for equitable relief, a complaint that seeks to set aside the board’s final decision and to reinstate a previous recommendation of the hospital’s hearing panel. For the following reasons, we reverse. 1. The hospital contends that the superior court erred in denying its motion to dismiss Obekpa’s complaint, which was converted to a motion for summary judgment when the court took evidence outside the pleadings with the consent of the parties,1 because the hospital is entitled to immunity pursuant to Georgia’s peer review statue, OCGA § 31-7-132 a. We agree.

Obekpa did not file a complaint for damages, which would have been governed by the federal Health Care Quality Immunity Act of 1986 “HCQIA”.2 Rather, he sought equitable relief. In his complaint and the amendments thereto, Obekpa asked the superior court 1 to declare the final decision of the board void because it was motivated by malice and because the hospital failed to abide by the credentialing and corrective action policy of its medical staff bylaws, and 2 to enjoin the hospital from reporting its decision to deny his application for reappointment to the hospital staff to the data bank.3

DeKalb Med. Ctr. Inc. v. Obekpa

The defendant hospital was entitled to immunity pursuant to Georgia's peer review statute, O.C.G.A. § 31-7-132 a, on the plaintiff physician's claims for equitable relief.

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