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Advantage Behavioral Health Systemsv.Eric Cleveland, As Administrator Of The Estate Of Nicholas Cleveland Et Al.

CourtCourt of Appeals of Georgia
Docket No.A19A0656
DecidedJune 17, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawMedical MalpracticeWrongful DeathEvidenceCivil ProcedureStatutory Interpretation
Case Summary

Nicholas Cleveland was involuntarily committed to a short-term mental-health facility after presenting with suicidal thoughts, depression, hallucinations, and alcohol-use disorder. He was discharged after two days and died by suicide several hours later. His parents sued the facility for wrongful death and professional negligence. During discovery, the facility sought a protective order for portions of Cleveland’s records under Georgia’s mental-health privilege. The trial court ruled that some records were privileged but held that Advantage lacked standing to assert the privilege on Cleveland’s behalf. The Court of Appeals affirmed the privilege classifications but reversed the standing ruling. It held that the facility could assert the privilege in seeking to prevent disclosure of otherwise relevant records, while the statutory privilege protected confidential communications rather than every diagnosis, medication, treatment plan, or staff observation. The decision required the trial court to maintain the line between protected communications and nonprivileged clinical information and allowed the privilege dispute to proceed on that basis.

Opinion

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