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NORTHLAKE MEDICAL CENTER, LLC v. QUEEN

No. A06A0540.

634 S.E.2d 486 (2006)

NORTHLAKE MEDICAL CENTER, LLC v. QUEEN.

Court of Appeals of Georgia.

July 13, 2006.

Attorney(s) appearing for the Case

Troutman Sanders, Daniel S. Reinhardt, Michael E. Johnson, Weinberg, Wheeler, Hudgins, Gunn & Dial, Alan M. Maxwell, John M. Hawkins, Atlanta, for appellant.

Carter & Tate, Mark A. Tate, Savannah, Nall & Miller, Atlanta, Robert L. Goldstucker, Benjamin S. Persons IV, Atlanta, Richard Kopelman, Decatur, for appellee.

Love, Willingham, Peters, Gilleland & Monyak, Allen S. Wilmingham, Robert P. Monyak, Atlanta, Robertson, Bodoh & Nasrallah, Matthew G. Nasrallah, Marietta, amici curie.

RUFFIN, Chief Judge.

Linda Queen brought a medical malpractice action against Northlake Medical Center, LLC and others. Northlake moved to dismiss the complaint for Queen's failure to comply with the medical record release requirement of OCGA § 9-11-9.2. The trial court denied the motion, concluding that OCGA § 9-11-9.2 was preempted by the Health Insurance Portability and Accountability Act of 1996, Pub.L.No. 104-191 ("HIPAA"), and thus Queen was not required...

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