316 Ga. App. 759
Ga. Ct. App.2012Background
- Lockhart sued the Board of Regents and MCG Health, Inc. for medical negligence related to dental treatment at MCG Dentistry.
- She alleges Dr. Nelson drilled down her lower teeth without consent and later failed to timely remove temporary crowns and place permanent crowns.
- The trial court dismissed the Board's sovereign-immunity-based defense and granted MCGHI summary judgment.
- Lockhart’s complaint includes both an alleged unauthorized touching (battery) and separate negligent acts in treating and follow-up care.
- This Court affirming in part and reverse in part addresses whether sovereign immunity bars certain claims and whether MCGHI liability is tenable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the assault/battery exception divest immunity for unauthorized dental touching? | Lockhart argues the battery exception applies to Dr. Nelson's unauthorized grinding. | Board contends the exception bars only intentional torts, not medical negligence. | Yes; battery exception bars this portion. |
| Are remaining negligence claims (failure to contact and replace temporaries) barred by immunity or viable under waiver? | Lockhart asserts separate acts of negligence fall outside the battery exception and are waivable claims. | MCGHI argues no waiver covers these claims. | No; these negligence claims are within waivable scope; reversal on this portion. |
| Is MCGHI liable under lease/transfer agreements for injuries occurring after shifting operations? | Lockhart relies on Nelson I to argue MCGHI assumed hospital liabilities including dental injuries. | MCGHI contends later decisions (Nelson II) exclude those liabilities; no evidence covers dental school in the agreements. | Grant of summary judgment for MCGHI affirmed. |
Key Cases Cited
- Mims v. Boland, 110 Ga. App. 477 (1964) (unauthorized touching can constitute battery)
- Bailey v. Belinfante, 135 Ga. App. 574 (1975) (unauthorized extraction may support battery finding)
- Sidlow v. Lewis, 271 Ga. App. 112 (2004) (fact questions for separate acts of negligence after initial misdiagnosis)
- Dept. of Human Resources v. Hutchinson, 217 Ga. App. 70 (1995) (statutory waivers and public policy considerations)
- Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (right-for-any-reason rule for affirming judgments)