Albany Urology Clinic, P.C. v. Cleveland

I concur in the majority’s holding that the judgment cannot rest upon the theory that Dr. Trulock’s non-disclosure of his cocaine use is actionable as an independent tort of fraud. I do not, however, agree with the majority’s conclusion that a recovery cannot be based upon the alternative theory that Dr. Trulock committed a battery against Mr. Cleveland.

Medical negligence is not the only possible tort which can arise from the doctor-patient relationship. To avoid civil liability for a battery, a physician has the duty to obtain his patient’s consent to undergo treatment. OCGA §§ 51-1-13;…