BREAKING NEWS: Barrow Medical wins lawsuit

A judge’s ruling Monday has put plans for a new hospital in Braselton into doubt.

Piedmont Judicial Circuit Judge Robert Adamson ruled in favor of Barrow Regional Medical Center in a lawsuit that challenged the state’s granting of a “certificate of need” (CON) to Northeast Georgia Medical Center for a new 100-bed hospital in Braselton.

Adamson ruled that the state’s review process of the CON application had been “arbitrary and unreasonable.” Adamson said the events leading up to the state granting a CON for the Braselton facility had not been handled correctly.

“The actions of the (state) Board in affirming the grant of a CON under these circumstances is inconsistent with the rationale of the CON program,” Adamson said. He ruled that state’s process “was without adequate review” and had not allowed BRMC an opportunity to fully respond.

The judge also said the state had “recklessly” assumed that the fast growth in the North Georgia area would be enough to support the hospitals business plans.

If NGMC does pursue a Braselton hospital, it likely that the CON process will have to start all over again.