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Bonnie Holmes Et Al.v.Thomas L. Lyons Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A0277
DecidedJune 1, 2018
Reporter341 Ga. App. 371
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawMedical MalpracticeNegligenceFraudExpert TestimonyMotion to DismissReversalDissent
Case Summary

Bonnie Holmes alleged that a gynecological surgeon performed surgery despite physical limitations, including impaired vision, a prior stroke, and reduced motor function, without disclosing those limitations or the increased risk of injury. She suffered a ureteral injury and uterovaginal fistulas and sued the surgeon, his employers, and the hospital for medical malpractice, fraud, battery, negligent misrepresentation, and related claims. The trial court dismissed the complaint, finding the expert affidavit insufficient and the remaining claims legally barred or inadequately pleaded. The Georgia Court of Appeals reversed. The expert affidavit sufficiently alleged that the surgeon breached the standard of care by operating when he was not physically capable of doing so safely and by failing to disclose material limitations and alternatives. The court also held that the allegations supporting fraud, battery, and negligent misrepresentation cleared the pleading threshold at the motion-to-dismiss stage. It declined to reach an unpreserved recusal argument. A special concurrence and dissent agreed with parts of the ruling but would have affirmed dismissal of the disclosure-based fraud and battery claims.

Opinion

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