How does Georgia’s informed-consent statute define what I must be told?

· 3 min read

Georgia takes a more defined approach to informed consent than many states. Rather than leaving disclosure entirely to a general standard, O.C.G.A. § 31-9-6.1 sets out specific categories of information that must be given for the procedures it covers, which makes the statute the starting point for understanding what a patient is entitled to be told.

A statutory list, not an open-ended standard

Some states require physicians to disclose whatever a reasonable patient would want to know. Georgia instead enumerates the required disclosures for covered procedures in the statute itself. This means the analysis often begins by asking whether the procedure falls within the statute’s scope and, if so, whether the listed items were communicated. The statute generally covers surgical procedures performed under general, spinal, or major regional anesthesia and certain contrast or amniocentesis diagnostic procedures.

The defined categories of disclosure

For a covered procedure, the statute requires the patient to be informed in general terms of:

  • A diagnosis of the condition that requires the procedure.
  • The nature and purpose of the proposed procedure.
  • The material risks generally recognized and accepted by reasonably prudent physicians, named in the statute as infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death.
  • The likelihood of success.
  • The practical alternatives.
  • The prognosis if the procedure is not performed.

Read together, these items show that the statute defines disclosure by content rather than by a flexible reasonableness inquiry: the question is whether each enumerated category was addressed for the covered procedure, not whether disclosure felt adequate in the abstract.

Built-in exceptions

The statute recognizes that disclosure is not always required. Its exceptions include an emergency as defined by law, a procedure not generally recognized as involving a material risk, a written request by the patient not to receive the information, and certain prior consents obtained within a defined period as part of a course of treatment. Because these exceptions are specific, whether one applies depends on the facts.

A claim based on inadequate disclosure is a medical malpractice action, so it requires an expert affidavit under O.C.G.A. § 9-11-9.1 and is subject to the deadlines in O.C.G.A. § 9-3-71.

The bottom line

Georgia’s informed-consent statute defines required disclosure by listing categories: the diagnosis, the procedure’s nature and purpose, specified material risks, the likelihood of success, the alternatives, and the prognosis without treatment. Whether the statute applies and whether an exception fits depends on the particular procedure and circumstances.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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