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Murphy v. Berger

6/21/2005

ce. "Major regional anesthesia" means "a state of insensitivity to pain affecting a major region of the body which is produced by the temporary interruption of the sensory nerve conductivity of such region through the administration of a spinal, epidural, intravenous regional, or brachial plexus anesthetic." By its own definition, major regional anesthesia must affect a "major region" of the body. The Georgia Administrative Code defines "major region" as an "entire arm, leg, torso, or any combination thereof." An eye is not included in this definition.


Because Thomas Murphy's cataract surgery was not performed under general anesthesia, spinal anesthesia, or major regional anesthesia, OCGA ยง 31-9-6.1 does not apply and statutory informed consent was not required as to any portion of the surgery. Although this was not the basis of the trial court's judgment, a judgment right for any reason should be affirmed.


2. Based on our holding in Division 1, the remainder of the Murphys' claims, which deal with the nature of their informed consent allegation and purported admissions regarding the timing of Thomas Murphy's informed consent, are hereby rendered moot.


Judgment affirmed. Ruffin, C. J., and Barnes, J., concur.






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