Georgia Code
Chapter 9 - Consent for Surgical or Medical Treatment
§ 31-9-6.1. Disclosure of Certain Information to Persons Undergoing Certain Surgical or Diagnostic Procedures; Failure to Comply; Exceptions; Regulations Establishing Standards for Implementation

provided, however, that, as to an allegation of negligence for failure to comply with the requirements of this Code section, the expert’s affidavit required by Code Section 9-11-9.1 shall set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under this Code section.
History. Code 1981, § 31-9-6.1 , enacted by Ga. L. 1988, p. 1443, § 1; Ga. L. 1989, p. 178, § 1; Ga. L. 1990, p. 1400, § 1; Ga. L. 2001, p. 4, § 31; Ga. L. 2009, p. 859, §§ 2, 3/HB 509.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following “spinal anesthesia” in the introductory paragraph of subsection (a).
Pursuant to Code Section 28-9-5, in 1990, “that” was deleted following “showing” at the end of the introductory language in subsection (d).
Editor’s notes.
Ga. L. 1988, p. 1443, § 3, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.”
Law reviews.
For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990).
For article, “Albany Urology Clinic, P.C. v. Cleveland: Why You Should Always Ask Your Urologist if He Is a Cocaine Addict,” see 52 Mercer L. Rev. 1159 (2001).
For note, “Informed Confusion: The Doctrine of Informed Consent in Georgia,” see 37 Ga. L. Rev. 1129 (2003).
For article, “Doreika v. Blotner: Affirming Ketchup against Judicial Mustard,” see 60 Mercer L. Rev. 807 (2009).
For article, “Eleventh Circuit Survey: January 1, 2008 — December 31, 2008: Casenote: Shots, Shoes, and Self-Representation: Indiana v. Edwards and the New Limitation on the Sixth Amendment Right of Self-Representation,” see 60 Mercer L. Rev. 1509 (2009).
For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012).
For note, “An Advance Directive: The Elective, Effective Way to be Protective of Your Rights,” see 68 Mercer L. Rev. 521 (2017).

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