After the Georgia Supreme Court threw out a $3.7 million jury award to a woman who was molested while under anesthesia at a dental office, her attorneys last week filed a motion for reconsideration, asserting that the unanimous decision was wrong legally and also reflected an “out of touch and dangerous view of sexual assault that does not accord with modern knowledge and understanding.”
In addition to ignoring Georgia case law regarding medical malpractice claims, the brief said that instances of other cases where dental patients have been molested while sedated, including cases in San Diego and Washington, D.C., illustrate that the circumstances that led to molestation of “J.B.” should never have been allowed to happen.
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