9-11-9.2
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9-11-9.2.
(a)
In any action for damages alleging medical malpractice against a professional
licensed by the State of Georgia and listed in subsection (d) of Code Section
9-11-9.1, against a professional corporation or other legal entity that provides
health care services through a professional licensed by the State of Georgia and
listed in subsection (d) of Code Section 9-11-9.1, or against any licensed
health care facility alleged to be liable based upon the action or inaction of a
health care professional licensed by the State of Georgia and listed in
subsection (d) of Code Section 9-11-9.1, contemporaneously with the filing of
the complaint, the plaintiff shall be required to file a medical authorization
form. Failure to provide this authorization shall subject the complaint to
dismissal.
(b)
The authorization shall provide that the attorney representing the defendant is
authorized to obtain and disclose protected health information contained in
medical records to facilitate the investigation, evaluation, and defense of the
claims and allegations set forth in the complaint which pertain to the plaintiff
or, where applicable, the
plaintiff́s
decedent whose treatment is at issue in the complaint. This authorization
includes the
defendant́s
attorneýs
right to discuss the care and treatment of the plaintiff or, where applicable,
the
plaintiff́s
decedent with all of the
plaintiff́s
or
decedent́s
treating physicians.
(c)
The authorization shall provide for the release of all protected health
information except information that is considered privileged and shall authorize
the release of such information by any physician or health care facility by
which health care records of the plaintiff or the
plaintiff́s
decedent would be maintained.