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2018 Georgia Code 31-7-140 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 6A MEDICAL REVIEW COMMITTEES

31-7-140. "Medical review committee" defined.

As used in this article, the term "medical review committee" means a committee of a state or local professional society or of a medical staff or a licensed hospital, nursing home, medical foundation, or peer review committee, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital or nursing home, which committee is formed to evaluate and improve the quality of health care rendered by providers of health service or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area.

(Ga. L. 1975, p. 739, § 1; Code 1981, §31-7-140, enacted by Ga. L. 1983, p. 3, § 22.)

JUDICIAL DECISIONS

"Medical review committee" means a "grass roots" committee formed to make in-house examinations of the adequacy of the treatment afforded patients. Davenport v. Kutner, 182 Ga. App. 467, 356 S.E.2d 67, rev'd on other grounds, 257 Ga. 456, 360 S.E.2d 586 (1987).

Composite state board of medical examiners is not a "medical review committee" within the meaning of O.C.G.A. § 31-7-140. Davenport v. Kutner, 182 Ga. App. 467, 356 S.E.2d 67, rev'd on other grounds, 257 Ga. 456, 360 S.E.2d 586 (1987).

Failure of a medical review committee to strictly adhere to bylaws does not strip the committee of the protection of confidentiality otherwise afforded by O.C.G.A. § 31-7-143. Patton v. St. Francis Hosp., 246 Ga. App. 4, 539 S.E.2d 526 (2000).

Surgical conference organized by a hospital's chief of staff pursuant to written bylaws for the purpose, in part, to evaluate and improve the quality of health care rendered by members of the vascular surgery staff and to otherwise critique the performance of individual doctors in cases involving that area of medicine, which functioned as an initial, rather than determinative, step in the hospital's peer review process, was a medical review committee entitled to the confidentiality and privileges of O.C.G.A. § 31-7-143. Poulnott v. Surgical Assocs., 179 Ga. App. 138, 345 S.E.2d 639 (1986).

Cited in Emory Univ. v. Houston, 185 Ga. App. 289, 364 S.E.2d 70 (1987).

Cases Citing Georgia Code 31-7-140 From Courtlistener.com

Total Results: 3

Hospital Authority of Valdosta & Lowndes County v. Meeks

Court: Supreme Court of Georgia | Date Filed: 2009-06-08

Citation: 678 S.E.2d 71, 285 Ga. 521, 2009 Fulton County D. Rep. 1909, 2009 Ga. LEXIS 302

Snippet: professional health services in the area. OCGA § 31-7-140. “ ‘Peer review’ means the procedure by which

Emory Clinic v. Houston

Court: Supreme Court of Georgia | Date Filed: 1988-07-15

Citation: 369 S.E.2d 913, 258 Ga. 434, 1988 Ga. LEXIS 332

Snippet: definitions found at OCGA § 31-7-131 (3) and OCGA § 31-7-140. OCGA § 31-7-131 (3) provides: “ ‘Review organization’

Kutner v. Davenport

Court: Supreme Court of Georgia | Date Filed: 1987-10-01

Citation: 360 S.E.2d 586, 257 Ga. 456, 1987 Ga. LEXIS 909

Snippet: review committee" within the meaning of OCGA § 31-7-140 so that the notices are inadmissible under OCGA