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Padgett v. Ferrier

Court of Appeals of Georgia
Sep 4, 1984
172 Ga. App. 335 (Ga. Ct. App. 1984)

Opinion

68214.

DECIDED SEPTEMBER 4, 1984. REHEARING DENIED OCTOBER 10, 1984.

Medical malpractice. Cobb State Court. Before Judge Nix.

William Q. Bird, Gary R. Smith, for appellant.

Robert H. Cleveland, Y. Kevin Williams, for appellee.

Reagan W. Dean, amicus curiae.


Appellant brought this medical malpractice action against Dr. Ferrier based on allegations that he failed to inform her of possible complications of certain treatment, complications which did occur. This appeal is from the grant of summary judgment to appellee.

1. Conceding that the doctrine of informed consent is not viable in Georgia as a basis of recovery in a medical malpractice action ( Young v. Yarn, 136 Ga. App. 737 (1) ( 222 S.E.2d 113) (1975)), appellant asserts that the present case is different because appellee testified on deposition that it was his opinion that a doctor exercising proper medical care would inform a patient of possible complications attendant to the surgery he performed on appellant. However, just such an attempt was rebuffed in Hyles v. Cockrill, 169 Ga. App. 132 (1) ( 312 S.E.2d 124) (1983). There, an expert witness was asked whether "recognized standard medical and surgical care would require you to inform a patient about the possible complications. . ." This court, in approving the trial court's action in sustaining an objection to the question said, "It is clear that this question was an attempt to put before the jury the issue of the `informed consent doctrine.' The informed consent doctrine is, however, not a viable principle of law in this state. [Cit.]" Id. We agree, therefore, with the trial court in this case that appellee's testimony did not raise any issue for jury determination.

2. Appellant's efforts to raise an issue of fraud are unavailing. She cites Stephen W. Brown Radiology Assoc. v. Gowers, 157 Ga. App. 770 ( 278 S.E.2d 653) (1981), and Wade v. Thomasville Orthopedic Clinic, 167 Ga. App. 278 ( 306 S.E.2d 366) (1983), for the proposition that the doctor/patient relationship is one of confidence and trust and that in such a relationship, silence when one ought to speak is fraud. However, those cases deal with statute of limitation issues, not with the duty to inform a patient of the dangers of treatment. Cases dealing with the issue properly before this court establish conclusively that a doctor who has informed a patient in general terms of the treatment or course of treatment has no further duty to disclose the risks of treatment. Simpson v. Dickson, 167 Ga. App. 344 (2) ( 306 S.E.2d 404) (1983).

3. The public policy grounds on which appellant relies have been addressed before and decided adversely to appellant. Id. In light of the cases conclusively negativing appellant's right to recover under the theory underlying her complaint, other enumerations of error concerning the grant of summary judgment need not be addressed.

Judgment affirmed. Banke, P. J., and Pope, J., concur.


DECIDED SEPTEMBER 4, 1984 — REHEARING DENIED OCTOBER 10, 1984 — CERT. APPLIED FOR.


Summaries of

Padgett v. Ferrier

Court of Appeals of Georgia
Sep 4, 1984
172 Ga. App. 335 (Ga. Ct. App. 1984)
Case details for

Padgett v. Ferrier

Case Details

Full title:PADGETT v. FERRIER

Court:Court of Appeals of Georgia

Date published: Sep 4, 1984

Citations

172 Ga. App. 335 (Ga. Ct. App. 1984)
323 S.E.2d 166

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