Georgia Baptist Health Care Sys. Inc. v. Hanafi

Plaintiff waited 17 months after learning of defense counsel's potential conflict of interest before filing a motion to disqualify and did not file that motion until after the trial court issued an adverse ruling.

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Appellants Georgia Baptist Health Care System, Inc. “Georgia Baptist” and Arnall, Golden and Gregory, LLP “AGG”1 challenge the trial court’s order disqualifying AGG as Georgia Baptist’s defense counsel in this suit brought by Dr. Magdi Hanafi to reinstate his medical privileges. We granted an interlocutory appeal to consider whether the trial court properly determined that AGG should be disqualified based upon a conflict in representation. Because the evidence adduced reveals that Hanafi waived the conflict, the trial court should have denied the motion. For this reason, we reverse.

The record reveals these pertinent facts: Since 1991, Hanafi and Georgia Baptist have been involved in a dispute concerning Hanafi’s reapplication for certain restricted or previously denied hospital privileges. In 1994, Hanafi retained Jim Kelly & Associates “the Kelly firm” to represent him through a peer review hearing process at which a panel of physicians reconsidered Hanafi’s reapplication for the reinstatement of those privileges. Georgia Baptist’s hospital board affirmed the hearing panel’s decision to deny Hanafi’s reapplication for privileges. The Kelly firm’s representation ended in April 1996. Shortly thereafter, Chilivis, Cochran, Larkins & Bever “Chilivis Cochran” represented Hanafi in a Fulton County suit to enjoin any final action by Georgia Baptist. The trial court denied Hanafi’s motion for an interlocutory injunction and the order was affirmed on appeal. Hanafi v. Georgia Baptist Medical Center, 1997 Ga. LEXIS 842 October 3, 1997.

Georgia Baptist Health Care Sys. Inc. v. Hanafi

Plaintiff waited 17 months after learning of defense counsel's potential conflict of interest before filing a motion to disqualify and did not file that motion until after the trial court issued an adverse ruling.

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