Legal Opinion · Concurrence
Blotner v. Doreika
Supreme Court of Georgia
Decided June 8, 2009No. S08G2016Published
1ConcurrenceCarley, Justice
I believe that Georgia should recognize a broader informed consent doctrine than that currently set forth in OCGA § 31-9-6.1. However, based on the doctrines of stare decisis and separation of powers, I am compelled to join the majority opinion in overruling Ketchup v. Howard, 247 Ga. App. 54 (543 SE2d 371) (2000), and in reversing the decision of the Court of Appeals in the instant case, which erroneously relied upon Ketchup v. Howard.
As explained in Division 1 of the majority opinion, this Court stated in Albany Urology Clinic v. Cleveland, 272 Ga. 296, 298-299 (1) (528 SE2d 777) (2000),…
2Cases cited6 opinions
- Mason v. Home Depot U.S.A., Inc.Supreme Court of Georgia · 2008
- Etkind v. SuarezSupreme Court of Georgia · 1999
- Albany Urology Clinic, P.C. v. ClevelandSupreme Court of Georgia · 2000
- Ketchup v. HowardCourt of Appeals of Georgia · 2001
- LIFE INSURANCE CO. OF GA. v. LawlerSupreme Court of Georgia · 1954
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