Hospital Peer Review Qualifies as an Official Proceeding Under Georgia’s Anti-SLAPP Statute

Case: EMORY HEALTHCARE, INC. et al v. HARMS, A25A1889.

Court and decisions: Court of Appeals of Georgia; opinion issued March 13, 2026; reconsideration denied March 31, 2026.

Author: Watkins, Judge, joined by Brown, Chief Judge, and Barnes, Presiding Judge.

1. Introduction

This decision addresses the intersection of hospital peer review, Georgia’s anti-SLAPP statute, professional-review immunity, and a physician’s ability to seek redress for allegedly wrongful interference with his employment. Its principal new holding is that hospital peer review proceedings are “official proceedings authorized by law” under Georgia’s anti-SLAPP statute. Statements made in connection with those proceedings can therefore trigger the statute’s special screening procedure.

The court nevertheless rejected the proposition that this protection necessarily defeats every claim arising from peer review. Dr. Jason Harms’s claims for interference with his employment relationship survived, although his separate breach-of-duty claims failed for lack of an identifiable legal duty. His claims seeking a hearing and relief for violation of hospital bylaws also failed under the particular language of the hospital’s Credentials Policy.

The parties and underlying dispute

Dr. Harms, an orthopaedic surgeon employed by Resurgens Orthopaedics, LLC, held clinical privileges at Emory Johns Creek Hospital. Following complications in several cases, the hospital’s Medical Executive Committee, or MEC, investigated his practice. The defendants were Emory Healthcare, Inc., which owns the hospital; Dr. Shawn Tritt, its Chief Medical Officer and head of the MEC; and Dr. Bernard Drexinger, a neurologist whose reports were considered during the investigation.

Dr. Harms alleged that the investigation was a “witch hunt.” In particular, he claimed that a revised neuromonitoring report materially misrepresented a patient’s neurological condition and his knowledge of that condition. Those allegations were not adjudicated as established facts.

Material chronology

  • April 3, 2024: Dr. Harms was placed on precautionary suspension.
  • April 9: The MEC decided to impose a proctoring requirement.
  • April 24–May 22: The proctoring period operated and then ended, although the investigation remained pending.
  • May 24–August 15: Dr. Harms voluntarily refrained from exercising his clinical privileges while the investigation continued.
  • August 15: The MEC completed its investigation and reinstated his privileges subject to a performance improvement plan.
  • September 5: Dr. Harms demanded a hearing or permission to relinquish his privileges in good standing. The hospital maintained that the plan did not trigger hearing rights.
  • September 19: Resurgens advised him that it would not renew his employment agreement, citing uncertainty surrounding his hospital privileges.
  • October 14: Dr. Harms formally relinquished his privileges.

Dr. Harms also explored obtaining privileges at Northside Hospital. However, he subsequently abandoned his claims concerning Northside, substantially narrowing the issues requiring appellate review.

2. Summary of the Opinion

The trial court denied the defendants’ motions to dismiss under OCGA § 9-11-12(b)(6) and their motions to strike under OCGA § 9-11-11.1. The appellate court affirmed only as to the surviving interference claims concerning Resurgens and otherwise reversed, while expressly declining merits review of the abandoned Northside-related claims.

Claim Appellate treatment Principal reason
Count 1: Declaratory judgment concerning hearing rights and HCQIA immunity Should be dismissed The hearing entitlement asserted under the Credentials Policy was not established.
Count 2: Breach of hospital bylaws against Emory Should be dismissed The claim depended on the same unsuccessful assertion of a right to a hearing.
Count 3: Breach of duty against Drs. Tritt and Drexinger Should be stricken under the anti-SLAPP statute The claims arose from protected peer-review statements, but Dr. Harms identified no actionable duty supporting them.
Count 4: Defamation concerning Northside No merits review Dr. Harms expressly abandoned the claim.
Count 5: Tortious interference concerning Resurgens Survives both forms of motion The witness-based claims cleared the preliminary merits threshold; the defendants did not establish that the separately framed institutional and MEC-capacity claims arose from protected activity.
Count 5: Tortious interference concerning Northside No merits review Those allegations were no longer being pursued.

On reconsideration, the court rejected a newly sharpened argument that Dr. Harms’s voluntary abstention from practice itself constituted a hearing-triggering restriction. The court emphasized that the policy required a specified recommendation by the MEC, which the record did not show.

3. Analysis of the Court’s Legal Reasoning

A. The anti-SLAPP inquiry separates protected activity from claim merit

Georgia’s anti-SLAPP statute protects qualifying petitioning and speech activity through a two-step inquiry:

  1. The defendant’s threshold burden: Show that the challenged claim arises from activity protected by the statute.
  2. The plaintiff’s responsive burden: If that showing is made, establish a probability of prevailing on the claim.

The statutory categories include statements made before official proceedings; statements connected with issues under consideration in those proceedings; statements in public places or forums concerning public issues; and other qualifying conduct furthering petition or speech rights concerning public issues.

The court’s central analysis concerned OCGA § 9-11-11.1(c)(2): statements connected with an issue under review in an “official proceeding authorized by law.” Importantly, satisfying this first step does not establish that a statement was true, justified, or immune from liability. It merely activates the second-stage inquiry into whether the claim has sufficient merit to continue.

B. Why hospital peer review is an official proceeding authorized by law

The court treated the classification of hospital peer review as an issue of first impression in Georgia. Its reasoning rested on the legal structure surrounding the process, rather than on whether the hospital itself was a governmental institution.

  • Regulatory requirement: Georgia hospital regulations require measures, including peer review, to monitor the ongoing performance of practitioners with clinical privileges.
  • Connection to professional licensing: OCGA § 31-7-8 requires reporting of specified privilege-related events to the appropriate licensing board. The Georgia Composite Medical Board exercises statutory oversight of physicians.
  • Legislative protections: Georgia law provides immunities, confidentiality protections, and evidentiary privileges associated with peer and medical review.
  • Comparable professional regulation: Existing Georgia authority classified attorney-disciplinary proceedings before the State Bar as official proceedings.
  • Persuasive California authority: California courts had already reached the same conclusion under an anti-SLAPP framework substantially reflected in Georgia’s statute.

Together, these features established that hospital peer review is sufficiently authorized and integrated into the legal regulatory system to qualify as an official proceeding.

Dr. Harms attempted to characterize the challenged behavior as things the physicians did or failed to do, rather than statements they made. The court examined the substance of the allegations: submitting allegedly false reports and failing to report truthfully were the acts underlying the claims. Relabeling those communications did not remove them from the statute.

C. The breach-of-duty claims failed because immunity exceptions do not themselves create liability

At the second anti-SLAPP step, the court analyzed the breach-of-duty claims through the familiar requirements of duty, breach, causation, and damages. The decisive deficiency was duty.

Dr. Harms proposed several sources for an obligation owed to him: the Credentials Policy; federal and Georgia provisions withholding immunity from persons who knowingly supply false peer-review information; a medical-record regulation; and a criminal prohibition on specified record falsification.

The court rejected each proposed source:

  • Credentials Policy: Relying on the limited scope of bylaw-based physician claims and resignation-related precedent, the court concluded that Dr. Harms could not prevail on this theory after voluntarily resigning.
  • Immunity provisions: 42 USC § 11111(a)(2) and OCGA § 31-7-132(b) describe immunity and circumstances in which it does not apply. They do not expressly create a private cause of action, and no legislative intention to create an implied action was demonstrated.
  • Medical-record requirements: The requirement that patient records be accurate did not establish the particular private duty asserted here—one owed by the author of a patient’s records to another physician.
  • Criminal prohibition: The prohibition on knowingly altering or falsifying records with the specified intent likewise supplied no demonstrated legislative basis for that private duty.

The distinction is fundamental: removing a defense does not create a cause of action. A person who loses statutory immunity may still be liable under an independently recognized tort, but an immunity exception does not itself supply every missing element of that tort.

Accordingly, even assuming the alleged reporting misconduct for purposes of the preliminary analysis, the breach-of-duty claims lacked the legal foundation necessary to proceed.

D. The tortious-interference claims required separate treatment by conduct and capacity

The court identified four elements of tortious interference: wrongful conduct without privilege; purposeful and malicious action intended to injure; inducement of a contractual breach or disruption of an existing or anticipated business relationship; and resulting damage proximately caused by the conduct.

1. Claims against the physicians as peer-review witnesses

The claims against Drs. Tritt and Drexinger based on their alleged submission of a fraudulent report arose from protected activity. Unlike the breach-of-duty claims, however, these claims invoked an independently recognized tort.

The defendants’ specific merits argument was that Dr. Harms could not show that renewal of his Resurgens employment agreement was likely to occur. The court found that argument insufficient on the limited record. Resurgens expressly connected nonrenewal to uncertainty over hospital privileges, and the timing supported a possible causal inference. A jury could also find that the allegedly modified report was important to the investigation.

Neither side identified evidence specifically establishing how likely renewal would have been without the investigation. In that posture, and viewing the record favorably to Dr. Harms, the defendants did not demonstrate reversible error in the refusal to strike.

This was a preliminary sufficiency determination, not a finding that contract renewal was assured or that the physicians committed interference.

2. Claims against Emory and Dr. Tritt in his MEC capacity

The separately framed claims against Emory and Dr. Tritt as an MEC member failed to satisfy the defendants’ first-step burden. The record did not clearly identify the conduct underlying those claims, so the court could not conclude that they arose from protected activity.

The distinction is significant: participating in peer review does not automatically place every act of a hospital or committee member within anti-SLAPP protection. A moving defendant must connect the particular challenged claim to particular protected activity. The same individual may occupy different roles requiring different treatment.

3. Survival under ordinary pleading rules

The interference claims also survived the motions to dismiss. Under Georgia’s liberal pleading standard, dismissal was inappropriate because evidence introduced within the complaint’s framework could establish that the investigation caused Resurgens not to renew the agreement. The court did not require Dr. Harms to prove that proposition at the pleading stage.

E. Hearing rights depended on the policy’s actual triggers

The Credentials Policy provided hearing rights when the MEC made specified recommendations, including certain suspensions or restrictions lasting more than 30 days. Precautionary suspensions were expressly excluded.

The court declined to combine every limitation on Dr. Harms’s practice into one continuous hearing-triggering restriction:

  • The precautionary suspension continued until April 24 and did not itself generate a hearing right.
  • The proctoring period lasted less than 30 days.
  • Dr. Harms subsequently chose not to exercise his privileges while the investigation remained pending, rather than undergo the alternative of a probable involuntary suspension.

Applying resignation-related precedent, the court rejected the argument that the anticipated alternative should be treated as though it had actually occurred.

The clarification on reconsideration

Dr. Harms then emphasized that the policy’s definition of “Restriction” included certain limitations agreed to by a practitioner under investigation. His 83-day voluntary abstention, he argued, therefore qualified even if entirely voluntary.

The court answered by distinguishing the definition of a restriction from the separate provision activating a hearing right. Section 7.A.1(a) required an MEC recommendation of a listed action. The record instead showed that Dr. Harms chose abstention to avoid the consequences of an involuntary suspension and sought to complete the investigation before relinquishing privileges.

The resulting holding is policy-specific. It does not establish that every voluntarily accepted limitation can never trigger hearing rights. Rather, the court found the required MEC recommendation absent on this record.

F. The HCQIA issue was narrower than a general ruling on immunity

The Health Care Quality Improvement Act conditions damages immunity for qualifying professional review actions on statutory standards, including adequate notice and hearing procedures or other procedures fair under the circumstances. Compliance is presumed unless rebutted by a preponderance of the evidence.

Dr. Harms based his procedural challenge on the alleged violation of the Credentials Policy. Because he failed to establish the hearing entitlement he asserted, the court concluded that he had not rebutted the presumption concerning adequate procedures.

Three limits matter:

  1. The court expressly declined to decide whether declaratory judgment was the proper procedural vehicle.
  2. It did not equate compliance with hospital bylaws with HCQIA compliance in every case; Dr. Harms had not meaningfully advanced an independent unfairness argument.
  3. The decision should not be enlarged into a determination that every alleged act supporting the surviving interference claims necessarily enjoys immunity.

The court also acknowledged that the HCQIA creates no private right of action. Any damages liability must rest on another legally recognized theory.

4. Precedents Cited and Their Influence

A. Anti-SLAPP procedure and protected proceedings

Giraldi v. Bowen, 374 Ga. App. 347 (2025)

This decision supplied the defendant’s threshold burden and the statutory categories of protected activity. It also supported consulting California decisions when interpreting Georgia’s substantially similar procedure. Its burden-allocation rule explains why the uncertain basis of the claims against Emory and Dr. Tritt in his MEC capacity defeated their motions at step one.

Neff v. McGee, 346 Ga. App. 522 (2018), and Oskouei v. Matthews, 321 Ga. 1 (2025)

The court relied on Neff v. McGee for the shift to the plaintiff’s probability-of-success burden after protected activity is established. It expressly noted that Oskouei v. Matthews overruled that decision on other grounds. The opinion did not otherwise use Oskouei v. Matthews as substantive support.

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., 306 Ga. 252 (2019)

This case provided the controlling distinction between claims arising from protected activity and claims properly stricken as SLAPPs: the latter must also lack even minimal merit. It explains why protected witness statements supported striking the duty claims but not the interference claims.

Am. Civil Liberties Union v. Zeh, 312 Ga. 647 (2021)

This authority supplied de novo appellate review and the requirement to view the pleadings and affidavits favorably to the plaintiff. That perspective was particularly important to the possible causal connection between the modified report, the investigation, and Resurgens’s decision.

Kibler v. Northern Inyo County Local Hosp. Dist., 39 Cal 4th 192 (2006)

The California Supreme Court’s classification of hospital peer review as an official proceeding was the closest persuasive precedent for the new Georgia holding. The court acknowledged differences between the states’ systems but found their comprehensive legal frameworks sufficiently comparable.

Bonni v. St. Joseph Health System, 11 Cal 5th 995 (2021)

This decision supported treating statements made during and in connection with peer review as protected activity. It reinforced the distinction between the legal status of the proceeding and the communications underlying the particular claims.

Jefferson v. Stripling, 316 Ga. App. 197 (2012)

This Georgia case treated attorney-misconduct matters before the State Bar as official proceedings for anti-SLAPP purposes. The court used the analogy to show that professional oversight proceedings need not be ordinary courtroom litigation to receive protection.

Patton v. St. Francis Hosp., 260 Ga. App. 202 (2003)

This case described the state and federal protections surrounding peer and medical review. Here, it helped establish the process’s legally regulated character; it was not used to declare every defendant categorically immune from every surviving claim.

B. Duty, bylaws, and implied civil remedies

Rasnick v. Krishna Hospitality, 289 Ga. 565 (2011)

This case supplied the negligence elements, making an actionable duty a prerequisite to the breach-of-duty claims. Alleged dishonesty could not substitute for that missing legal element.

Stanley v. Garrett, 356 Ga. App. 706 (2020)

This authority rejected a universal legal duty to avoid subjecting others to unreasonable risk. It supported requiring a specific statutory or common-law foundation for the duty asserted by Dr. Harms.

Maynard v. Snapchat, Inc., 313 Ga. 533 (2022)

This decision confirmed that the existence of a legal duty is a question for the court. It permitted resolution of the duty defect without a trial over whether the reports were false.

St. Mary's Hosp. of Athens v. Radiology Professional Corp., 205 Ga. App. 121 (1992)

This case anchored the limited doctrine permitting physician claims based on hospital bylaws. The court relied on that limitation, together with later resignation cases, rather than treating every credentialing provision as an unrestricted source of tort duties.

Rowell v. Phoebe Putney Mem. Hosp., 338 Ga. App. 603 (2016)

The opinion also refers to this authority as Rowell v. Phoebe Putney Memorial Health. It concerned a physician who resigned rather than face a probable summary suspension. Because the hearing-triggering event had not actually occurred, the physician lacked the asserted hearing claim. The court applied that reasoning to Dr. Harms’s voluntary abstention instead of a probable suspension.

Othman v. Navicent Health, Inc., 373 Ga. App. 240 (2024)

This case reiterated the resignation-based limitation discussed in Rowell v. Phoebe Putney Mem. Hosp.. Its quoted explanation supported rejecting Dr. Harms’s attempt to derive a breach-of-duty theory from the Credentials Policy.

Jastram v. Williams, 276 Ga. App. 475 (2005)

This decision supplied the approach to asserted implied civil causes of action. It supported examining statutory language and legislative intention before converting immunity limitations, recordkeeping rules, or criminal prohibitions into a private claim of the kind asserted.

C. Interference, pleading standards, and declaratory relief

Renden, Inc. v. Liberty Real Estate Ltd., 213 Ga. App. 333 (1994)

This case clarified that malice in interference law includes unauthorized interference or interference without legal justification or excuse. The concept therefore is not confined to personal hostility.

Tribeca Homes, LLC v. Marathon Inv. Corp., 322 Ga. App. 596 (2013)

This case supplied the interference elements for contractual, business, and prospective business relationships. It furnished the substantive framework for assessing whether the alleged report manipulation could have caused nonrenewal of Dr. Harms’s employment.

Campbell v. Ailion, 338 Ga. App. 382 (2016)

This authority required liberal construction of pleadings and barred dismissal where evidence within the complaint’s framework could support relief. It was central to preserving the Resurgens-related interference claims despite unresolved questions about likely renewal.

Golden v. Floyd Healthcare Mgmt., 319 Ga. 496 (2024)

This case established de novo review of dismissal rulings, acceptance of well-pleaded material allegations, and resolution of doubts for the plaintiff. It distinguished pleading-stage review from a final assessment of factual truth.

SJN Properties v. Fulton County Bd. of Assessors, 296 Ga. 793 (2015)

This decision described declaratory judgment as a means to determine rights affecting future conduct. The court cited it while reserving, rather than deciding, whether declaratory relief was procedurally appropriate here.

Taylor v. Kennestone Hosp., Inc., 266 Ga. App. 14 (2004)

This authority supplied the HCQIA presumption of compliance and the physician’s burden to rebut it. It shaped the rejection of the hearing-based immunity challenge once the asserted policy entitlement failed.

Love v. Fulton County Bd. of Tax Assessors, 311 Ga. 682 (2021)

This case allowed consideration of exhibits attached to and incorporated into the pleadings. It permitted the court to examine the Credentials Policy attached to the defendants’ verified answer when deciding the dismissal issues.

Barnes v. State Farm Fire and Casualty Co., 373 Ga. App. 331 (2024)

On reconsideration, this case supported a warning that arguments first raised at that stage can be waived. The court nevertheless considered Dr. Harms’s newly articulated policy argument and rejected it on its merits.

5. Complex Concepts Simplified

Anti-SLAPP protection

A special procedure for screening claims based on protected speech or petitioning. It is not automatic immunity: a legally sufficient claim can survive even when it concerns protected activity.

Official proceeding authorized by law

A legally recognized review process, not necessarily a court hearing or governmental meeting. Here, the regulatory and statutory framework made hospital peer review qualify.

Immunity versus a cause of action

Immunity is a shield against liability. A cause of action is a legal basis for imposing liability. Losing the shield does not create a claim that otherwise lacks essential elements.

Clinical privileges versus employment

Hospital privileges authorize a physician to practice at a hospital. Employment is a separate relationship. Restrictions affecting the first can harm the second, which explains the interference theory here.

Policy-defined “Restriction”

A technical term that does not necessarily include every practical limitation on a physician’s work. Both the definition and the separate hearing-trigger provisions must be examined.

Motion to dismiss versus motion to strike

A dismissal motion asks whether the pleaded facts could support legal relief. An anti-SLAPP motion first asks whether protected activity is involved and, if so, whether the plaintiff can show sufficient preliminary merit.

De novo review

The appellate court decides the legal issue independently rather than deferring to the trial court’s legal conclusion.

6. Potential Impact

For hospitals and peer-review participants: The decision supplies a clear basis for invoking anti-SLAPP procedures against claims arising from peer-review communications. Hospitals should nevertheless identify the precise conduct underlying each claim rather than rely solely on the dispute’s peer-review setting.

For physicians bringing claims: Alleging knowingly false reporting does not eliminate the anti-SLAPP inquiry. A physician must identify an independently viable legal theory and, where required, provide enough support to meet the preliminary merits threshold. The surviving interference claims demonstrate that this is possible.

For credentialing policies: The decision highlights the importance of exact wording. Precautionary suspension, proctoring, voluntary abstention, and formal restriction may have different consequences. The reconsideration ruling makes the existence of an MEC recommendation particularly important under this policy.

For professional-review immunity: The opinion reinforces the separation between statutory immunity, private causes of action, and independent tort liability. Future disputes must analyze each rather than assume that one answers the others.

For future litigation: The surviving claims remain subject to factual development and any properly supported defenses. The court did not establish that the reports were false, that renewal would have occurred, or that the defendants ultimately owe damages.

7. Conclusion

The opinion establishes that Georgia hospital peer review is an official proceeding under the anti-SLAPP statute, bringing related communications within its protective framework. But protection at the first step is not a complete defense.

The contrasting outcomes provide the central lesson: unsupported duty theories may be stricken, while independently grounded interference claims can proceed. Hearing rights, meanwhile, turn on the applicable policy’s actual triggers—not merely the practical severity or duration of limitations on a physician’s practice.