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MCCORMICK v. ENGLAND11/17/1997
CONCLUSION
For the foregoing reasons, we hold South Carolina should recognize the common law tort of breach of a physician's duty of confidentiality. Patients have the right to be candid in
Prospective Application
This decision shall apply only to this case and to causes of action arising after the filing of this opinion. Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985) (the general rule is that decisions creating new substantive rights have prospective effect only); Grooms v. Medical Soc'y of South Carolina, 298 S.C. 399, 380 S.E.2d 855 (Ct. App. 1989) (a court decision recognizing a new tort will not be applied to claims that arise before the effective date of the decision).
Without expressing any opinion on the merits of the claim, we REVERSE AND REMAND the case sub judice to the circuit court for proceedings consistent with this decision.
CONNOR and HUFF, JJ., concur.
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