Albany Urology Clinic v. Cleveland — Mar. 2000 (Summary only)

Albany Urology Clinic v. Cleveland
No. S99G0600 (Ga. March 6, 2000)

The Supreme Court of Georgia, reversing the decision of the state?s court of appeals, held that no common law or statutory duty is placed on “physicians or any other professionals to disclose personal life factors which might adversely affect their professional performance.” In this case, a patient sued a urologist after experiencing significant side effects following surgery to remove a lump from his penis. In addition to malpractice, the patient claimed that the urologist had committed fraudulent misrepresentation by failing to disclose his illegal cocaine use. The Georgia Supreme Court held that no cause of action for failure to disclose personal life factors exists independently from a malpractice claim, but the allegations may be utilized in support of a malpractice claim. The court stressed that public policy concerns weigh against the creation of a duty of personal disclosure.