Kennestone Hosp. Inc. v. Hopson

Because the plaintiff hospital brought suit in Gwinnett County to recover amounts due for medical expenses, it consented to that court resolving the defendant's counterclaim based on its release of her mental health records to a third party.

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Kennestone Hospital sued Sherri Hopson in her home county of Gwinnett to recover amounts due for medical services. Hopson counterclaimed in tort, alleging that the hospital improperly released her mental health records to a third party. The hospital obtained summary judgment on the past due amounts, which judgment was not appealed, and then moved to have the case transferred to its home county of Cobb to have the counterclaim tried there. The Gwinnett court transferred the case to Cobb, but the Cobb court transferred the case back to Gwinnett. We granted an interlocutory appeal to resolve the question of where venue properly lies to try Hopson’s counterclaim. We hold that since the hospital brought suit in Gwinnett, it consented to that court resolving the counterclaim, and therefore venue properly lies in Gwinnett. Accordingly, we affirm. The relevant facts are undisputed. The hospital brought suit in Gwinnett State Court against Hopson a resident of Gwinnett, claiming that she owed $704.37 plus interest in unpaid medical bills arising out of three visits to the hospital. One of those visits was for mental health treatment she received in March 1996. Hopson counterclaimed in various tort counts based on the hospital’s alleged improper release to a third party of a copy of her mental health records from the March 1996 visit.

The hospital moved for summary judgment on its complaint and on all counts in the counterclaim, which motion the Gwinnett court granted. Not contesting the judgment on the medical bills, Hopson appealed the summary judgment on the counterclaim to this Court. In Hopson v. Kennestone Hospital, Inc. , 241 Ga. App. 829 526 SE2d 622 1999, we reversed, holding that Hopson had not waived the psychiatrist-patient privilege asserted in her counterclaim, and the Georgia Supreme Court affirmed our decision. Kennestone Hospital, Inc. v. Hopson , 273 Ga. 145 538 SE2d 742 2000. The case was remanded to the trial court.

Kennestone Hosp. Inc. v. Hopson

Because the plaintiff hospital brought suit in Gwinnett County to recover amounts due for medical expenses, it consented to that court resolving the defendant's counterclaim based on its release of her mental health records to a third party.

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