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2018 Georgia Code 31-9-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-9-7 Case Law from Google Scholar Amendments to OCGA 31-9-7

TITLE 31 HEALTH

Section 9. Consent for Surgical or Medical Treatment, 31-9-1 through 31-9-7.

ARTICLE 10 DRUG REPOSITORY PROGRAM

31-9-7. Right of persons who are at least 18 years of age to refuse to consent to treatment.

Nothing contained in this chapter shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his own person.

(Code 1933, § 88-2907, enacted by Ga. L. 1971, p. 438, § 1.)

JUDICIAL DECISIONS

Lucid adult has right to withhold consent to suggested and recommended medical procedures and, absent such consent, a physician owes no further duty to the patient in that regard other than to honor the decision. Kirby v. Spivey, 167 Ga. App. 751, 307 S.E.2d 538 (1983).

Minors may not refuse unwanted care.

- Georgia provides no "mature minor" exception to the state's general rule that only adults may refuse unwanted medical care. Novak v. Cobb County-Kennestone Hosp. Auth., 849 F. Supp. 1559 (N.D. Ga. 1994), aff'd, 74 F.3d 1173 (11th Cir. 1996).

No battery claim.

- Trial court erred in denying summary judgment to the medical defendant on the plaintiff's battery claim based on the surgical procedure because the uncontroverted evidence of record reflected that there was basic consent for the surgical procedure and allegations that the doctor did not fully disclose the nature of the procedure reflected on an informed consent, not a battery, claim. Doctors Hosp. of Augusta, LLC v. Alicea, 332 Ga. App. 529, 774 S.E.2d 114 (2015), aff'd, 299 Ga. 315, 788 S.E.2d 392 (Ga. 2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parent and Child, § 71.

C.J.S.

- 67A C.J.S., Parent and Child, § 38, 40, 41, 46 et seq.

ALR.

- Consent as condition of right to perform surgical operation, 76 A.L.R. 562; 139 A.L.R. 1370.

Patient's right to refuse treatment allegedly necessary to sustain life, 93 A.L.R.3d 67.

Judicial power to order discontinuance of life-sustaining treatment, 48 A.L.R.4th 67.

Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 A.L.R.5th 248.

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