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Satcher, Owen Win Important Informed Consent Decision from GA. Supreme Court

The Supreme Court of Georgia, on June 8, decided a case of significant importance to all  healthcare providers in this state relating to a duty to obtain informed consent before performing healthcare procedures.  The Court held that Georgia does not recognize a common law duty to inform patients of the material risk of a proposed treatment or procedure.  The Legislature of Georgia previously has defined clearly those situations and procedures for which informed consent must be obtained and these statutory provisions must be strictly construed.  The high court highlighted the principle of Georgia law that it is the Legislature which has the constitutional authority to enact such duties and that it is impermissible for the courts to create and impose duties of disclosure. Furthermore, the opinion emphasizes that the General Assembly has  vested authority in particular Boards to oversee healthcare professionals and that these Boards may adopt rules and regulations on the issue of informed consent. 

The decision arose out of an appeal from a jury verdict in favor of a doctor of chiropractic at a trial in May of 2007.  The Plaintiff then appealed the decision to the Georgia Court of Appeals which ultimately rendered a decision by the entire Court closely split seven to five in favor of the Plaintiff.  Upon a petition for certiorari, the Supreme Court accepted the case and now has reversed the lower court.  The law of Georgia now is clear that one must look to the laws enacted by the General Assembly, which includes the Medical Consent Law enacted in 1988, and the Rules and Regulations of the State of Georgia for direction as to when and how providers must obtain informed consent from a patient.

The case was argued to the Supreme Court on February 16 by partners Andy Owen and Burt Satcher after extensive briefing by associates Melissa Reading and Adam Ford.  A copy of the decision will be provided upon request.  Please contact bsatcher@og-law.com.