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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-7-140 Case Law from Google Scholar Amendments to OCGA 31-7-140

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 O.C.G.A. § 31-7-140

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Emory Clinic v. Houston, 369 S.E.2d 913 (Ga. 1988).

Cited 39 times | Published | Supreme Court of Georgia | Jul 15, 1988 | 258 Ga. 434

...ever be known and the appellants can create an absolute barrier to discovery by asserting that the information is "relative to medical or peer review proceedings," an extremely broad construction that cannot be found in OCGA §§ 31-7-130 et seq. or 31-7-140 et seq. In Hollowell v. Jove, 247 Ga. 678, 681 (279 SE2d 430) (1981), this Court held that OCGA § 31-7-140 et seq., should be narrowly construed as it is in derogation of the policy favoring discovery. Although the Hollowell decision was addressing only OCGA § 31-7-140 et seq., its rationale is equally applicable to OCGA § 31-7-130 et seq....
...a question of fact. 3. The Court of Appeals correctly determined that the Waring Committee did not qualify for the protection granted to "Medical Review Committees." The term "Medical Review Committee" includes a committee of a "medical staff." OCGA § 31-7-140. The Waring Committee is a committee of a medical staff of the Emory Clinic and thus could be a medical review committee as defined by OCGA § 31-7-140....
...Cavanagh's status as a faculty member of the Emory University School of Medicine and a staff member at the Emory University Hospital. However, Emory University does not qualify for the protection which may be available to the committee members and their records under either OCGA § 31-7-130 et seq., or OCGA § 31-7-140 et seq....
...NOTES [1] The prohibitions relative to peer review organizations, found at OCGA § 31-7-133, are similar to those concerning medical review committees. The distinction between a peer review organization and a medical review committee is understood by comparing the definitions found at OCGA § 31-7-131 (3) and OCGA § 31-7-140....
...rofessional health care providers...." (As amended in 1984.) (In 1983, a peer review organization was defined as "any committee engaging in peer review established by one of more State or local trade or professional societies or associations.") OCGA § 31-7-140 provides: "`[M]edical review committee' means a committee of a state or local professional society or of a medical staff or a licensed hospital ......
....) [2] We find no merit to Houston's contention that a committee composed of ophthalmologists from the medical staff of Emory Clinic (the Waring Committee) failed to comply with the statutory definition of a medical review committee pursuant to OCGA § 31-7-140 at all times relevant to this litigation....
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Hosp. Auth. of Valdosta & Lowndes Cnty. v. Meeks, 678 S.E.2d 71 (Ga. 2009).

Cited 9 times | Published | Supreme Court of Georgia | Jun 8, 2009 | 285 Ga. 521, 2009 Fulton County D. Rep. 1909

...ervices 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. OCGA § 31-7-140....
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Kutner v. Davenport, 360 S.E.2d 586 (Ga. 1987).

Cited 6 times | Published | Supreme Court of Georgia | Oct 1, 1987 | 257 Ga. 456

...e, and to cross-examine the defendant about the charges contained in the notices. Three issues are involved in determining the admissibility of the notices at issue: First, whether the Board is a "medical review committee" within the meaning of OCGA § 31-7-140 so that the notices are inadmissible under OCGA § 31-7-143; second, whether the notices are records of the investigations of the Board, and are therefore inadmissible under OCGA § 43-34-37 (d); and, finally, whether the notices are admissible as evidence of conduct by the defendant similar to that alleged in this case. We do not disagree with the holding of the Court of Appeals that the Board is not a "medical review committee" within the meaning of OCGA § 31-7-140....