# Horne v. Patton

> Supreme Court of Alabama · December 6, 1973 · 291 Ala. 701

URL: https://www.frixlaw.com/law-library/cases/9657636

## Case

- **Full name:** Larry L. HORNE v. William B. PATTON
- **Court:** Supreme Court of Alabama
- **Decided:** December 6, 1973
- **Citations:** 291 Ala. 701; 287 So. 2d 824; 1973 Ala. LEXIS 1178
- **Precedential status:** Published
- **Opinion:** Concurrence by Merrill
- **Judges:** Heflin, Harwood, Jones, Merrill, Maddox, Faulkner, McCall
- **Cited by:** 63 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9657636

## How later opinions describe it (automated extraction)

- holding that a medical doctor is under a general duty not to make extra-judicial disclosures of information acquired in the course of the doctor-patient relationship and that a breach of that duty will give rise to a cause of action
- finding that breach of duty not to make extra-judicial disclosures of information acquired in the course of the doctor-patient relationship will give rise to a cause of action

## Opinion text

MERRILL, Justice
(concurring specially) :
I would treat any reference in the pleadings to the Hippocratic Oath as surplusage because I do not think that it has any bearing on the cause of action. I think a cause of action is averred regardless of whether the patient had ever known that there was such an oath, or whether he was able to state a single provision of the oath.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9657636. Public record. Not legal advice.