Blotner v. Doreika, 285 Ga. 481

Summary

The Supreme Court of Georgia held that Georgia does not recognize a common-law doctrine of informed consent. It reversed the Court of Appeals, concluding that chiropractic treatment was not covered by Georgia's informed-consent statute and that no statute or regulation otherwise required chiropractors to obtain informed consent. The court overruled Ketchup v. Howard and held that the trial court properly refused to instruct the jury on informed consent.

Holdings

1. Georgia does not recognize a common-law duty requiring physicians or other health-care providers to disclose the material risks of proposed treatment or procedures absent a statutory or regulatory requirement.
2. Georgia law contains no statutory or regulatory requirement that chiropractors obtain a patient's informed consent for chiropractic treatment.
3. The trial court correctly refused to instruct the jury on the asserted common-law informed-consent doctrine.

Questions Presented

1. Whether Georgia recognizes a common-law doctrine requiring health-care providers to disclose the material risks and alternatives of proposed treatment or procedures.
2. Whether Georgia statutes or regulations require chiropractors to obtain or provide informed consent for chiropractic treatment.
3. Whether the trial court correctly refused to instruct the jury on an informed-consent doctrine.

Disposition

reversed