Roberts v. Connell
312 Ga. App. 515
Ga. Ct. App.2011Background
- Roberts was treated by Dr. Connell for crown restorations; a lip laceration occurred when an instrument slipped, allegedly causing scarring, lip droop, nerve and sensory deficits, and chronic pain.
- Roberts sued Connell for malpractice, breach of contract, lack of informed consent/battery, and negligence per se; the case proceeded with an expert affidavit alleging standard-of-care violations.
- Roberts dismissed battery, breach of contract, and negligence per se; only malpractice and informed consent remained.
- Connell moved to strike the expert affidavit; the motion was withdrawn and Roberts maintained two informed-consent theories: malpractice-based and statutory under OCGA § 31-9-6.1.
- The trial court granted partial summary judgment on the informed-consent issues, holding there is no common-law duty of informed consent and that major regional anesthesia must be defined by statute.
- Roberts appeals the partial summary judgment ruling on informed consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a common-law informed-consent duty in Georgia malpractice claims? | Roberts argues informed consent is inherent to the malpractice standard of care. | Connell contends Georgia has no common-law informed-consent duty; only statutory duty. | No common-law duty; statute governs informed consent. |
| Does OCGA § 31-9-6.1 apply to major regional anesthesia for informed consent? | Roberts asserts major regional anesthesia requires statutory disclosure. | Connell argues mouth/jaw are not major regional anesthesia; no statutory duty. | Mouth/jaw not within major regional anesthesia; statutory duty not triggered. |
Key Cases Cited
- Pope v. Davis, 261 Ga. App. 308 (Ga. App. 2003) (informed consent concepts in medical context)
- Albany Urology Clinic v. Cleveland, 272 Ga. 296 (Ga. 2000) (Georgia does not recognize common-law duty to inform patients of risks)
- Blotner v. Doreika, 285 Ga. 481 (Ga. 2009) (informed consent defined by statutes/regulations)
- Thompson v. Princell, 304 Ga.App. 256 (Ga. App. 2010) (major region definition excludes mouth/jaw)
- Beasley v. Northside Hosp., 289 Ga.App. 685 (Ga. App. 2008) (summary judgment and procedure guidance)