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McCall v. Henry Med. Ctr. Inc.

A medical center was not automatically immune under O.C.G.A. § 31-7-132 a from plaintiff's claim that it was negligent in granting medical privileges to the surgeon who operated on plaintiff on the medical center's premises.

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Georgiana McCall filed a medical malpractice action against Henry Medical Center, Inc., Dr. Roberta Parker, and Ankle and Foot Clinic of Georgia, Inc. for damages arising out of a surgical procedure performed by Dr. Parker on the premises of the Medical Center. McCall claims that the Medical Center was negligent in granting medical privileges to Dr. Parker. The Medical Center objected to a number of McCall’s discovery requests on the grounds that the requested material was privileged as part of its peer review process, and to other discovery requests on the grounds that the interrogatories were unduly burdensome and would not reasonably lead to the disclosure of admissible evidence.

McCall moved to compel discovery and the Medical Center then moved for summary judgment. McCall asked the trial court to deny or defer the Medical Center’s motion for summary judgment pending a ruling on her motion to compel. The trial court nevertheless granted the Medical Center’s motion for summary judgment. The trial court declined to rule on McCall’s outstanding motions to compel and to defer a ruling on summary judgment because it found those issues moot. McCall appeals.1 For reasons set forth below, we vacate the trial court’s grant of summary judgment to the Medical Center as premature and remand the case for consideration of McCall’s motion to compel discovery.

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