Chatham Orthopaedic Surgery Ctr. v. Ga. Alliance Cmty. Hosps., Inc.
No. A03A0303 (Ga. App. July 15, 2003)

Several orthopaedic surgeons sued a hospital association that challenged the Division of Health Planning's decision to permit the surgeons to open an ambulatory surgery center without obtaining a certificate of need (CON). The surgeons claimed that the hospital association's actions tortiously interfered with the surgeons' business relations.

The Court of Appeals of Georgia dismissed the claim with prejudice. Under Georgia law, anyone who brings a claim that arises from an act that could reasonably be construed as the exercise of the right of free speech must submit verification that, essentially, the claim is being made in good faith and after reasonable inquiry into the facts and law. Since the surgeons in this case failed to submit such verification within ten days of being informed of the deficiency, the court dismissed their claim.