Automated Summary
Key Facts
Jeff Witcher sued Dr. David McGauley and his firm for medical malpractice and breach of fiduciary duties, alleging McGauley committed malpractice and breached fiduciary duties because McGauley was having an affair with Witcher's wife while treating Witcher and his family as patients from August 2003 through 2007. Witcher claimed the affair caused him to seek psychiatric treatment, become divorced, lose his job, and suffer mental and physical distress. The trial court granted summary judgment on the medical malpractice claims but denied summary judgment on the claim of breach of a confidential relationship. The Court of Appeals affirmed the trial court's order on all assertions of professional liability but reversed the denial of summary judgment on the confidential relationship claim.
Issues
- Whether Witcher's claim of breach of fiduciary duty/confidential relationship constitutes a valid professional liability claim or is merely a renamed tort barred by OCGA § 51-1-17, and whether the trial court properly denied summary judgment on this claim
- Whether Witcher presented sufficient evidence to create an issue of fact regarding liability, causation, and damages for medical malpractice claims, including whether McGauley failed to exercise professional skill and judgment in treating Witcher while having an affair with Witcher's wife
Holdings
- The trial court's denial of summary judgment on breach of fiduciary duty claim is reversed and case remanded for entry of judgment consistent with this opinion for Case No. A12A0544.
- The trial court's order granting summary judgment on medical malpractice claims is affirmed for Case No. A12A0543.
Remedies
- The Court of Appeals affirmed the trial court's grant of summary judgment on Witcher's medical malpractice claims (Case No. A12A0543).
- The Court reversed the trial court's denial of summary judgment on Witcher's claim of breach of confidential relationship (Case No. A12A0544) and remanded for entry of judgment consistent with the opinion.
Legal Principles
The court held that a physician may breach a fiduciary duty to a patient while having an affair with that patient's wife, but claims based solely on the affair itself are barred by OCGA § 51-1-17 which abolished torts for adultery, alienation of affections, and criminal conversation. Professional liability claims must allege breach of professional skill and judgment, not merely the existence of an affair. The court affirmed summary judgment on medical malpractice claims but reversed on the breach of fiduciary duty claim, remanding for entry of judgment consistent with the opinion.
Precedent Name
- Hamilton-King v. HNTB Georgia
- Zwiren v. Thompson
- Arnac v. Wright
- Brewer v. Paulk
- Oliver v. Sutton
- Doe v. Zwelling
- Albany Urology Clinic, P.C. v. Cleveland
- Webster v. Desai
- Gasper v. Lighthouse, Inc.
- Stafford-Fox v. Jenkins
- Deen v. Stevens
- Figueiredo-Torres v. Nickel
- Tante v. Herring
Cited Statute
- Official Code of Georgia Annotated Section 9-3-70
- Official Code of Georgia Annotated Section 51-1-27
- Official Code of Georgia Annotated Section 51-1-17
Judge Name
- McFadden, J.
- Barnes, P. J.
- ADAMS, Judge
Passage Text
- First, any aspects of Witcher's claims that can be characterized as causes of action 'for adultery, alienation of affections, or criminal conversation' are barred by OCGA § 51-1-17, which abolished all such torts. Thus, the simple fact that McGauley may have had an affair or sexual relations with Witcher's wife is not actionable, and Witcher cannot claim damages for interference with his marriage, loss of affection, or depression and anxiety that result solely from his concern that his wife was having an affair.
- In summary, we conclude that for all assertions of professional liability, the trial court's order is affirmed.
- In sum, we find no support for a separate claim of breach of a confidential or fiduciary duty. We therefore reverse the trial court's denial of summary judgment on that claim and remand for entry of judgment consistent with this opinion.