Certiorari was granted to consider the Court of Appeals’ ruling that a patient was authorized to bring a claim against a physician for the latter’s failure to disclose his use of illegal drugs.1 The evidence of record indicates that during the general time of the patient’s treatment, the physician used drugs outside of work and when he was not on call. In its ruling, the Court of Appeals concluded that one who suffers injury during medical treatment that was consented to in conjunction with a “physician’s . . . non-disclosure, or concealment of a material fact which the patient has a right to know,” in this case illegal drug use, entitles the patient to recover damages for fraud and battery.2 We conclude, however, that absent inquiry by a patient or client, there is neither a common law nor a statutory duty on the part of either physicians or other professionals to disclose to their patients or clients unspecified life factors which might be subjectively considered to adversely affect the professional’s performance. It follows that the failure to make such voluntary disclosure cannot provide a basis for a fraud claim, nor can it vitiate a patient’s consent so as to authorize an action for battery. Therefore, while we find the physician’s behavior reprehensible, we must reverse.
In 1993, appellee William Cleveland consulted with urologist Timothy Trulock, M.D., about a lump on the underside of his penis. Trulock expressed concern that Cleveland might have penile cancer and after Cleveland signed an informed consent statement, Trulock performed surgery under general anesthesia to remove the lump. Thereafter, Cleveland began to experience an acutely painful ninety-degree curvature of his penis upon erection, and a resulting inability to have intercourse. Cleveland sued Trulock and the Albany Urology Clinic where he practiced collectively “Trulock”, claiming that Trulock negligently performed unnecessary surgery for non-existent penile cancer, and thereby exacerbated Cleveland’s medical condition. In his complaint, Cleveland alleged that Trulock was liable for medical negligence; battery; breach of contract, warranty, and guarantee of cure. Cleveland later amended his complaint to add an assertion that Trulock had fraudulently concealed or misrepresented his “illegal use and abuse of cocaine, substance abuse problem, and impairment” at the time of Cleveland’s treatment.3 In addition, Cleveland’s wife sued for loss of consortium. Cleveland’s expert testified that the lump on his penis was not caused by cancer but rather by Peyronie’s Disease,4 which might have been confirmed with proper testing and treated effectively without surgery.
