Albany Urology Clinic, P.C. v. Cleveland

Sears, Justice.

Certiorari was granted to consider the Court of Appeals’ ruling that a patient was authorized to bring a claim against a physician for the latter’s failure to disclose his use of illegal drugs.1 The evidence of record indicates that during the general time of the patient’s treatment, the physician used drugs outside of work and when he was not on call. In its ruling, the Court of Appeals concluded that one who suffers injury during medical treatment that was consented to in conjunction with a “physician’s . . . non-disclosure, or concealment of a material fact which the patient…