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Gilhuly v. Dockery5/24/2005
ld require a specific special relationship between the doctor and the injured party which would give such injured party a right to protection. See Houston v. Bedgood, 263 Ga. App. 139, 143 (2) (b) (588 SE2d 437) (2003) (physician does not have special relationship with the "motoring public" that would create any duty to motorist killed in car accident with patient); Shortnacy, supra, 252 Ga. App. at 326 (2) (b).
To expand a doctor's duty to his patient to generally include members of the public at large in a case such as this one would be contrary to Georgia public policy:
A physician's first loyalty must be to his patient. Imposing a duty on a physician to predict a patient's behavioral reaction to medication and to identify possible plaintiffs would cause a divided loyalty. Were we to impose a duty on a physician to consider the risk of harm to third persons before prescribing medication to a patient, we would be forcing the physician to weigh the welfare of unknown persons against the welfare of his patient. Such an imposition is unacceptable.
(Citations and punctuation omitted.) Id. at 327 (2) (c). The Dockerys' attempt to bootstrap Penny Dockery's medical malpractice claims into further causes of action against Dr. Gilhuly relating to their sons is thus contrary to Georgia law and public policy. Dr. Gilhuly had no duty to the sons here, as they were not his patients. Further, no exception applies in this case to the general rule that a doctor does not have any duty to such third parties. The trial court therefore erred in denying summary judgment to Dr. Gilhuly. See Houston, supra, 263 Ga. App. at 141-143 (2) (a) and (b); Shortnacy, supra, 252 Ga. App. at 325-327 (2) (a), (b), and (c).
Judgments reversed. Blackburn, P. J., and Bernes, J., concur.
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