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Doe v. Hall3/19/2003
In this interlocutory appeal, "John Doe," the appellant, appeals the trial court's ruling that he was precluded from proceeding under a pseudonym. By motion, appellant sought to maintain his confidentiality in this action involving the allegedly improper disclosure of HIV confidential information. The trial court held that OCGA § 24-9-47 (y) (2) required appellant to bring suit in his own name. Because the trial court retains discretion to determine whether appellant may proceed under a pseudonym, we vacate the judgment and remand the case with direction. We do not address the appropriateness of plaintiff's specific requests for limitations in connection with his request to prosecute this case under a pseudonym.
As an initial matter, we must emphasize that this opinion considers only the trial court's ruling that OCGA § 24-9-47 (y) (2) requires appellant to bring this action in his own name, thereby removing any discretion the trial court might have to allow the use of a pseudonym. As the viability and merits of this case have not yet been reached by the trial court, such issues are not before us, and nothing in this opinion should be construed as a ruling thereon.
The record shows that appellant filed a complaint against David L. Hall, M. D., North Fulton Family Medicine, P. C., Blue Cross and Blue Shield of Georgia, Inc., and Laboratory Corporations of America. In his complaint, appellant alleged that Dr. Hall obtained body fluids from him to determine his HIV status. Appellant further alleged that Dr. Hall failed to submit the body fluids in an anonymous fashion for testing, and Dr. Hall and the other defendants were negligent in failing to maintain the anonymity and confidentiality of appellant's medical records. As a result of this alleged negligence, appellant complains that his HIV confidential information was improperly divulged and, as a result, he "lost his job and has suffered great damages." In addition, appellant filed medical malpractice claims against both Dr. Hall and North Fulton Family Medicine.
Appellant subsequently filed a motion for a protective order requesting that: (1) he be allowed to proceed with the litigation using the pseudonym "John Doe;" (2) all documents filed with the trial court refer to appellant as "John Doe" and be redacted as necessary to absolutely ensure his anonymity; and (3) appellant be referred to as "John Doe" in all proceedings by both counsel and witnesses and that members of appellant's family not be referred to by their true names. The trial court denied appellant's motion, finding that: (1) pursuant to the explicit terms of OCGA § 24-9-47 (y) (2), appellant was absolutely required to bring suit in his own name and (2) the trial court had no discretion to allow the use of a pseudonym. Appellant now takes issue with this ruling.
Analysis of this issue requires a consideration of Georgia's statutory laws regarding HIV confidential information. OCGA § 24-9-40.1 states: "AIDS confidential information . . . disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47." In turn, one such exception to non-disclosure, OCGA § 24-9-47 (y), provides:
The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his heirs, successors, assigns, or a beneficiary of such person, including but not limited to an executor, administrator, or personal representative of such person's estate:(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is i
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