The Hospital Authority of Liberty County and Liberty Regional Medical Center are in contempt of court after failing to produce documents requested Aug. 12, according to records in the Liberty County Clerk of Courts database.

Tattnall County Judge Hugh McCullough found LRMC in contempt of court during a Dec. 13 hearing and gave the Hospital Authority until Friday to turn over the information. If the authority and LRMC fail to obey the judge’s order they will be fined $1,000 a day until they do.

The court order stems from a 2013 lawsuit in which LRMC and Christina Berenguer-McCain M.D., formerly Christina Berenguer M.D. and Christine Berenguer Surgical LLC, are the named

defendants.

According to court records Judge McCullough ordered the defendants to provide the court a list of the names and addresses of every patient who underwent a laparoscopic cholecystectomy by Dr. Berenguer-McCain.

A laparoscopic cholecystectomy is an operation to remove a gall bladder, according to www.mayoclinic.com.

The defendants also were ordered to turn over related notes and other documents of Dr. Berenguer-McCain’s between July 2010 and June 12, 2012.

According to the court transcripts, Attorney Wiley Wasden, representing the hospital authority and LRMC, said they aren’t complying with the court order because they are trying to protect the patients’ right to privacy under Georgia law and the Health Insurance Portability and Accountability Act.

Attorneys Jeffrey Arnold and Craig Stafford argued that Wasden used the same argument in two similar law suits, filed in 2011 and 2014, against LRMC and Dr. Christina Berenguer-McCain.

Arnold said both the Georgia Court of Appeals and the Georgia Supreme Court have denied Wasden’s motions, saying they have no unconstitutional claim, and Judge McCullough agreed.

The hospital stood firm in its decision not to provide the information, according to the hearing transcript.

"Your honor I don’t apologize for what we’ve done here," Wasden said. "I mean, in essence, we are representing these non-patients…non-parties whose medical information is being asked to be produced."

The transcripts show Hospital Authority Chairman James Rogers took the witness stand and was questioned by Judge McCullough.

"And is it your testimony, from my understanding, from what your counsel just told me, that the hospital intends not to obey the court’s order?" McCullough asked.

"That’s correct," Rogers replied.

Rogers said compliance with HIPAA is expected of every employee at LRMC and he is concerned the plaintiff’s attorneys could discover who a patient is even if certain information is redacted. Attorneys for the plaintiff pointed out that if the hospital fears more pending lawsuits they need not worry because the dates of records they want are beyond the statute of limitations for future claims.

LRMC CEO Michael Hester also took the stand, the transcripts show.

"…based upon your training, education and experience, what is your position with regard to the order of the court?" Arnold asked.

"Again, not being an attorney…my position is that as an administrator…what do I look at as a fiduciary duty to the hospital, at least in terms what I feel is the best interest of the facility," Hester replied. "And, you know, HIPAA is one thing…And going on advice of counsel and advice of the board, then…it’s the right thing to do."