Freeman v. Piedmont Hospital

434 S.E.2d 764, 209 Ga. App. 845, 93 Fulton County D. Rep. 2960, 1993 Ga. App. LEXIS 1019
CourtCourt of Appeals of Georgia
DecidedJuly 15, 1993
DocketA93A0456
StatusPublished
Cited by7 cases

This text of 434 S.E.2d 764 (Freeman v. Piedmont Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman v. Piedmont Hospital, 434 S.E.2d 764, 209 Ga. App. 845, 93 Fulton County D. Rep. 2960, 1993 Ga. App. LEXIS 1019 (Ga. Ct. App. 1993).

Opinions

Cooper, Judge.

Appellees are Piedmont Hospital; Hulett C. Sumlin, the hospital administrator; and Dr. Walter H. Butler, the chairman of the hospital’s Department of Anesthesiology and a member of its Credentials Committee. Appellants, an anesthesiologist (“Dr. Freeman”) and his professional corporation, brought this action against appellees to recover damages stemming from a letter sent by the hospital administrator to the Composite State Board of Medical Examiners (“the Board”) after Dr. Freeman voluntarily resigned from the medical staff of the hospital. On appeal, appellants challenge a trial court order granting appellees’ motion for summary judgment and denying appellants’ motion to compel discovery.

[846]*846Because appellants, are the respondents on a motion for summary judgment, we view the evidence in a light most favorable to them and give them the benefit of all favorable inferences that may be drawn from the evidence. See Eiberger v. West, 247 Ga. 767 (1a) (281 SE2d 148) (1981). Drs. Butler and Freeman, both members of the professional association which provides all anesthesia services at Piedmont Hospital, disagreed on many personal and professional matters and had a hostile relationship for a number of years prior to the incident at issue in this case. In June 1989, Dr. Freeman suffered a large civil judgment against him in Florida in an unrelated civil action arising out of the purchase of a boat. At a meeting of the professional association on June 14, 1989, Dr. Butler and several others expressed concern over the ramifications of the judgment against Dr. Freeman for the professional association. Although the association’s attorney assured them there could be no ramifications for the association, Dr. Butler said that he intended to see that Dr. Freeman never practice at Piedmont Hospital again. One doctor stated by affidavit that Dr. Butler showed him Dr. Freeman’s anesthesiology records for the week of June 12, 1989, and told him he thought they showed Dr. Freeman was “impaired.” When the affiant doctor disagreed, Dr. Butler replied, “Well, this is how we are going to get him.” Dr. Freeman was 55, and had been thinking of moving to Savannah and cutting back his working hours. Moreover, Dr. Freeman says, he was simply tired of fighting with Dr. Butler and watching him make a mess of the professional association. Thus, after a confrontation with Dr. Butler on June 16, 1989, he voluntarily resigned from the association and the medical staff of the hospital.

On July 5, 1989, Sumlin wrote a letter to the Board. After informing the Board of Dr. Freeman’s voluntary resignation as required pursuant to OCGA § 31-7-8 (a), the letter went on to state: “Dr. Freeman’s resignation was apparently, in part, due to action taken by the Chairman of his department, Dr. Walter Butler (Chairman, Department of Anesthesiology) and Dr. Frank L. Wilson, Chairman of the Department of Surgery. Dr. Butler and Dr. Wilson reported to the Credentials Committee concerns of the staff nurses and recovery room nurses regarding Dr. Freeman’s performance of his duties during several days following June 12, 1989. Dr. Freeman notified the Board of Directors of his professional association of his intent to resign prior to any formal action being taken by the Credentials Committee.” (Indentation omitted.) Dr. Freeman had applied to join the staff at Candler Hospital in Savannah, but his application for staff membership and privileges was denied in September 1989 “in view of the present controversy at Piedmont Hospital and the impending investigation by the Composite State Board of Medical Examiners.”

It is undisputed that Dr. Butler and Dr. Wilson never reported [847]*847the “concerns” of nurses to the Credentials Committee as related in the letter to the Board; Dr. Butler stated in his deposition that although they intended to do so, Dr. Freeman resigned before any such report was made. Moreover, while Dr. Freeman’s letter of resignation states that he was aware that his Piedmont Hospital privileges might be suspended if he did not resign, it indicates an underlying assumption that any adverse action that might be taken by the Credentials Committee would be based on the unrelated legal judgment against him rather than any allegations of “concerns” about substandard medical practice.

Two nurses deposed that Dr. Freeman’s reporting and record-keeping practices were often lax, but that other anesthesiologists may have been similarly lax in their reporting practices and that Dr. Freeman’s record keeping was not noticeably worse the week of June 12, 1989. We cannot know whether these were the “concerns” referred to in the letter to the Board because the nurses’ communications with Dr. Butler and Dr. Butler’s communications with Sumlin were ruled privileged under OCGA § 31-7-133 (a) by the trial court.

1. Appellants first argue that the trial court erred in granting summary judgment for all three appellees on appellants’ causes of action based on defamation and intentional interference with business relations.1 A hospital administrator is required to report to the Board all resignations from practice in his institution, OCGA § 31-7-8 (a), and if a voluntary resignation was the result of action initiated by the institution, the report shall contain the circumstances involved therein, OCGA § 31-7-8 (c). And “[t]here shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator . . . who in good faith complies with this Code section.” OCGA § 31-7-8 (d). Even viewing the record favorably to appellants, there is no evidence of bad faith on the part of Sumlin. Accordingly summary judgment was properly granted for Sumlin based on the immunity from liability provided by OCGA § 31-7-8 (d). It follows that summary judgment for Piedmont Hospital was also proper, as appellants’ sole theory of liability against the hospital was its responsibility for the conduct of Sumlin while he was acting within the scope of his duties as hospital administrator.

Additionally, summary judgment for Dr. Butler was proper with respect to slander. While there is evidence from which it may be inferred that Dr. Butler falsely stated to Sumlin that Dr. Freeman resigned in part because he feared a Credentials Committee investigation into “concerns” of nurses regarding his performance of his duties, [848]*848such a statement to another who, by reason of his organizational position, has the duty or authority to receive the information does not constitute the “publication” necessary to establish actionable slander. See Kurtz v. Williams, 188 Ga. App. 14 (3) (371 SE2d 878) (1988).

However, appellants’ cause of action against Dr. Butler for intentional interference with business relations cannot be summarily decided. For purposes of summary judgment, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Saye v. Deloitte & Touche, LLP
670 S.E.2d 818 (Court of Appeals of Georgia, 2008)
Freeman v. Wheeler
627 S.E.2d 86 (Court of Appeals of Georgia, 2006)
Freeman v. Piedmont Hospital
448 S.E.2d 378 (Court of Appeals of Georgia, 1994)
Freeman v. Piedmont Hospital
444 S.E.2d 796 (Supreme Court of Georgia, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
434 S.E.2d 764, 209 Ga. App. 845, 93 Fulton County D. Rep. 2960, 1993 Ga. App. LEXIS 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-piedmont-hospital-gactapp-1993.