Hopson v. Kennestone Hospital, Inc.

McMurray, Presiding Judge,

dissenting.

The section of the Civil Practice Act regarding requests for the production of documents applies to nonparties as well as parties, including a practitioner of the healing arts, in which event:

The nonparty, any party, or the person whose records are sought may file an objection . . . and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action.

(Emphasis supplied.) OCGA § 9-11-34 (c) (2). In this case, Hopson (through her counsel) was notified of her former husband’s request for documents, including a request for letters, communications, et cetera, served on Kennestone Hospital as a nonparty record holder. No objection was lodged.

“Although the psychiatrist-patient privilege is frequently characterized as ‘absolute,’ it can be waived. [Cits.] [Further,] it is well-established that a party’s failure to timely object to a discovery request will result in a waiver of the right to object. . . .” Price v. State Farm &c. Ins. Co., 235 Ga. App. 792, 793 (1) (510 SE2d 582). Under this precedent, Hopson waived any valid claim of patient-psychiatrist privilege by failing to interpose a timely objection to the properly noticed request for production of documents served on the nonparty hospital. It follows she has sustained no legal damage by the nonconsensual release of her drug rehabilitation file to her ex-husband’s counsel. Rather than overrule Price, I would adhere to its well-reasoned holding. The trial court correctly granted summary judgment to the hospital on all theories of recovery and should be affirmed. I respectfully dissent.

I am authorized to state that Presiding Judge Andrews joins in this dissent.