 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brown v. Coast Dental of Georgia10/7/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
On January 24, 2003, appellant Doris Jeanette Brown commenced her medical malpractice suit against appellees Dr. James J. Choi, D.D.S., Coast Dental of Georgia, P.C., and Coast Dental Services, Inc. in the Superior Court of Gwinnett County, alleging misdiagnosis and mistreatment of her dental condition. The trial court granted summary judgment to appellees on the ground that Brown's suit was barred by the applicable two-year statute of limitations, which the trial court concluded began to run on December 7, 2000. Brown now appeals. Because we conclude that appellees have failed to come forward with undisputed evidence showing as a matter of law that Brown manifested symptoms of her injury caused by the alleged misdiagnosis more than two years before her suit was commenced, we reverse.
The standards applicable to motions for summary judgment are announced in Lau's Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). When ruling on a motion for summary judgment, the opposing party must be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 595-596 (370 SE2d 843) (1988).
Hess v. Textron Automotive Exteriors, Inc., 245 Ga. App. 264, 265 (1) (536 SE2d 291) (2000). With these standards in mind, we turn to the record in the present case.
Factual background. On October 26, 2000, Brown met with Dr. Choi, a dentist employed by Coast Dental, for a dental consultation. Dr. Choi, who had been a dentist for two years at the time of the consult, practiced in the area of general dentistry and was not a surgeon. Brown, a female in her early 30s, was missing 11 teeth, exclusive of her wisdom teeth, leading to large space discrepancies between the teeth on both the upper and lower rows. Brown's teeth also were improperly angled and misaligned. However, at the time of the initial consultation, Brown "was not experiencing any hot or cold sensitivity nor pain or discomfort" as a result of her dental condition.
In evaluating the condition of Brown's mouth and teeth as part of the consultation, Dr. Choi did not consult with any other dentists or specialists, such as an orthodontist or periodontist. Nor did he make any preliminary study models or impressions of her teeth at that time. As to the general condition of Brown's teeth, gums, and mouth, Dr. Choi noted that Brown had minor gingivitis and spacing discrepancies caused by the multiple missing teeth.
Based on his evaluation, Dr. Choi proposed two alternative courses of treatment to Brown. The first option was for Brown to see an orthodontist, who would alter the location and alignment of her teeth before any future general dental work was conducted on her teeth by Dr. Choi. Dr. Choi did not recall, however, ever providing Brown with the name of a specific orthodontist with whom she could consult. The second, less expensive option proposed by Dr. Choi was for Brown to have him do all of the dental work himself by installing two permanent bridges between the missing teeth. Brown chose the second option: extensive bridgework by Dr. Choi without any prior orthodontic treatment.
Dr. Choi did not commence treatment of Brown on October 26, 2000. Rather, Brown returned to Dr. Choi's office on December 7, 2000, at which time Dr. Choi prepared her teeth for the two bridges by grinding several of her teeth with a diamond burr to reduce their height and width. Dr. Choi also took impressions of Brown's teeth and seated a provisional temporary bridge until the permanent ones could be fabri
Page 1 2 3 4 5 6 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|