Swofford v. Cooper

In Swofford v. Cooper, 184 Ga. App. 50, 53 (2) (360 SE2d 624) (1987), the Court was called upon to review the issue of whether the caretakers for a patient became the doctor's patients by virtue of their receiving advice as to the best way to assist with the patient's care. Swofford, 184 Ga. App. at 53 (2). The Court concluded that receiving such advice did not make the caretakers "patients." Id. The Court noted that the parents were not "necessary and customary participants" in the treatment and cited to Sims v. State, 251 Ga. 877, 881 (5) (311 SE2d 161) (1984). In Sims, the Supreme Court of Georgia held that when joint therapy sessions are conducted, such as in family or marital counseling, the third-party family member or spouse is deemed a "necessary and customary participant" and as such are patients to whom the psychiatrist-patient privilege applies. Id.