Donald R. Taylor, M. D., appeals from an order of the Cobb County Superior Court granting summary judgment to Kennestone Hospital, Inc. and it’s governing body, Wellstar Health System, Inc. In several related enumerations of error, Taylor contends the superior court erred in finding Kennestone and Wellstar immune from liability under the federal Health Care Quality Improvement Act of 19861 “the HCQIA” for claims arising out of their decision denying Taylor’s application to renew his medical staff privileges. Finding no reversible error, we affirm. Summary judgment is appropriate when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “HCQIA immunity is a question of law for the court to decide and may be resolved whenever the record in a particular case becomes sufficiently developed.” Footnote omitted. Bryan v. James E. Holmes Regional Med. Ctr. , 33 F3d 1318, 1332 11th Cir. 1994. Further, as to the application of HCQIA immunity, the court determines whether “a reasonable jury, viewing the facts in the best light for Taylor, might conclude that he has shown, by a preponderance of the evidence, that the hospital’s actions are outside the scope of 42 USC § 11112 a.” Citations and punctuation omitted. Davenport v. Northeast Ga. Med. Ctr., Inc. , 247 Ga. App. 179, 180 542 SE2d 525 2000. Viewed in this light, the record reveals the following relevant, undisputed facts.
The appellees hired Taylor in 1992 to work as an anesthesiologist at Kennestone Hospital. In May 1994, Wellstar’s medical director confronted Taylor concerning complaints that Taylor had sexually harassed a nurse. Taylor reviewed the sexual harassment policy with the director and assured him that he would comply with it. In 1996, however, the appellees received new complaints involving sexual misconduct by Taylor. Upon investigating those complaints, the appellees discovered many other incidents of harassing behavior toward nurses, including inappropriate gestures and remarks, offensive touching, and lewd suggestions, like offering to prescribe diet drugs to the nurses in exchange for the opportunity to perform breast and vaginal examinations on them. Some nurses reported being afraid to work while Taylor was on duty.
