Practice Area: Medical Malpractice
Outcome: Appellate Court struck down anti-patient statute
Description: Plaintiff successfully challenged the validity of a newly enacted statute that required medical malpractice victims to provide defendants with an authorization that would allow the defendants to obtain the plaintiff's medical records without the plaintiff's knowledge or express permission. On behalf of Ms. Queen, plaintiff's counsel argued that this Georgia statute was inconsistent with, and therefore pre-empted by, federal law that established confidentiality of medical records. The Georgia Court of Appeals agreed with the plaintiff, holding that the new law was improper and contrary to well-established privacy rights provided for by federal law.