Hopson v. Kennestone Hosp. Inc.

The defendant's failing to object to her former husband's request for her drug rehabilitation records from the plaintiff hospital did not waive her patient-psychiatrist privilege since privileged matter is not discoverable under O.C.G.A. § 9-11-34 c 2.

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Communications between a patient and psychiatrist are absolutely privileged and not discoverable unless the patient affirmatively waives the privilege.1 Under OCGA ‘ 9-11-34 c, a party to a lawsuit may request that a nonparty hospital produce patient records that are not privileged. If the patient, hospital or any party does not object to the request within ten days of its filing, the hospital shall produce the nonprivileged records.2 Does a patient’s failure to object within ten days to such a request for nonprivileged matter amount to an affirmative waiver of her privileged communications with her psychiatrist We hold that it does not amount to a waiver because privileged matter is not discoverable under a nonparty document production request, so the patient has no obligation to object to the request on the basis of her privilege.

In 1995, Sherri Hopson and her husband executed a divorce settlement agreement in which she promised to undergo drug treatment. Believing that she was not complying with the agreement, Hopson’s former husband filed an action to terminate his alimony payments in 1996. After he filed the action, Sherri Hopson participated in a drug treatment program at Kennestone Hospital. Mr. Hopson subsequently served Kennestone with a nonparty discovery request under OCGA ‘ 9-11-34 c, asking the hospital to produce Sherri Hopson’s drug rehabilitation records. Sherri Hopson filed no objection to the request. Kennestone later complied with the request and gave Sherri Hopson’s medical records, which allegedly contain privileged psychiatric information, to her former husband. The Hopsons eventually settled their alimony dispute.

Hopson v. Kennestone Hosp. Inc.

The defendant's failing to object to her former husband's request for her drug rehabilitation records from the plaintiff hospital did not waive her patient-psychiatrist privilege since privileged matter is not discoverable under O.C.G.A. § 9-11-34 c 2.

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