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O.C.G.A. § 24-12-13 — Disclosure of medical records - Immunity from liability | Georgia Code
O.C.G.A. § 24-12-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 24 EVIDENCE

Section 12. Medical and Other Confidential Information, 24-12-1 through 24-12-31.

ARTICLE 2 CONFIDENTIALITY OF MEDICAL INFORMATION

24-12-13. Disclosure of medical records - Immunity from liability.

Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure.

(Code 1981, §24-12-13, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-9-44 are included in the annotations for this Code section.

Dentist not liable if good faith disclosure.

- Dentist was not immune from liability under former O.C.G.A. § 24-9-40 (see now O.C.G.A. § 24-12-1). However, if the dentist complied in good faith with a production request, or if the dentist had been compelled to comply by a court, the dentist was shielded from liability for the disclosure under former O.C.G.A. § 24-9-44. McFarlin v. Taylor, 187 Ga. App. 54, 369 S.E.2d 330 (1988) (decided under former O.C.G.A. § 24-9-44).

RESEARCH REFERENCES

ALR.

- Admissibility of hospital chart or other hospital record, 120 A.L.R. 1124.

Evidence: public health record as subject of privilege, 136 A.L.R. 856.

Waiver of privilege as regards one physician as a waiver as to other physicians, 5 A.L.R.3d 1244.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.