Georgia Supreme Court Rules Medical Authorization Requirement Unconstitutional

Put another one in the “win” column for the good guys. As Immediate Past President of Georgia Trial Lawyers Association (“GTLA”), I am proud to announce that GTLA’s Constitutional Challenge Committee, chaired by Lyle Warshauer and Matt Nasrallah, won another round in the ongoing effort to restore Georgian’s rights by eliminating the horrible law now infamously known as “SB3.” The particular provision that the Georgia Supreme Court ruled unconstitutional this time is 9-11-9.2, which required a plaintiff to file an all-encompassing medical authorization with the plaintiff’s complaint in any medical malpractice action. the Supreme Court held O.C.G.A. ยง 9-11-9.2 is preempted by the federal privacy provisions of the Health Insurance Portability and Accountability Act of 1996, or HIPAA. To read the full article, click here.

Zachary H. Thomas of Savage, Turner, Pinson & Karsman in Savannah, another proud GTLA member, represented the winning appellees. GLTA filed an Amicus Brief in the Supreme Court arguing in favor of holding the provision unconstitutional, not only on the basis of Federal Preemption, but also because it was a roadblock to any plaintiff’s ability to file a medical malpractice action.

I congratulate the GTLA Constitutional Challenge Committee and Zach Thomas for this wonderful win on behalf of Georgia citizens. We are slowly but steadily dismantling the horrendous SB3 and restoring the rights to due process to Georgia citizens, and I am proud of it.