There shall be no monetary liability on the part of and no cause of action for damages shall arise against any member of a duly appointed medical review committee for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member acts without malice or fraud. This immunity shall apply only to actions by providers of health services, and in no way shall this Code section render any medical review committee immune from any action in tort or contract brought by a patient or his successors or assigns. This Code section shall not affect the immunity of an officer or an employee of a public corporation.
(Ga. L. 1975, p. 739, § 2; Code 1981, §31-7-141, enacted by Ga. L. 1983, p. 3, § 22.)
Cross references.- Immunity of persons furnishing information to peer review groups from civil liability, § 31-7-130 et seq.
JUDICIAL DECISIONS
Preemption.
- Under O.C.G.A. § 31-7-132(a), a peer reviewer is immune unless the reviewer is motivated by malice toward any person affected by such activity, and under O.C.G.A. § 31-7-141, a medical review committee member is immune if the committee member acts without malice or fraud; to the extent that peer review and medical review immunity are conditioned upon the absence of malice and deception, the statutes are preempted by the Health Care Quality Improvement Act of 1986, specifically 42 U.S.C. § 11111(a), under which bias is irrelevant. Patton v. St. Francis Hosp., 260 Ga. App. 202, 581 S.E.2d 551 (2003).
To the extent that peer review and medical review immunity under O.C.G.A. §§ 31-7-132(a) and31-7-141 are conditioned upon the absence of malice and deception, the statutes are preempted by the federal Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11101 et seq., under which bias is irrelevant. Cancel v. Medical Center of Central Ga., Inc., 345 Ga. App. 215, 812 S.E.2d 592 (2018), cert. denied, No. S18C1054, 2018 Ga. LEXIS 769 (Ga. 2018).
Immunity from claims filed by health care providers.
- Georgia peer review and medical review statutes, which establish the privilege for the proceedings and records of peer review organizations and medical review committees, also provide for immunity to participants and witnesses in such proceedings under: (1) O.C.G.A. § 31-7-130, which sets forth the intent of the Georgia General Assembly; (2) O.C.G.A. § 31-7-132(a), which provides immunity from liability for peer review; (3) O.C.G.A. §§ 31-7-133(a) and31-7-141, which provide immunity for medical review committee members from claims for damages filed by health care providers; and (4) O.C.G.A. § 31-7-143, which provides that peer review and medical review proceedings are both absolutely privileged. Patton v. St. Francis Hosp., 260 Ga. App. 202, 581 S.E.2d 551 (2003).
RESEARCH REFERENCES
ALR.
- Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.