During Candiss Roberts’ appointment with Dr. Judson T. Connell for crown restorations, her lower lip was lacerated when an instrument slipped during the procedure. She claimed that the injury resulted in scarring, a lip droop, nerve and sensory deficits, and chronic pain, and sued the dentist for malpractice, breach of contract, lack of informed consent/battery and negligence per se. Roberts appeals from the trial court’s order granting summary judgment to Connell on her claim for lack of informed consent. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment. When this Court reviews the grant or denial of a motion for summary judgment, it conducts a de novo review of the law and the evidence. Footnotes omitted. Beasley v. Northside Hosp. , 289 Ga. App. 685, 685-686 658 SE2d 233 2008.
The facts relevant to this appeal show that the affidavit of Roberts’ expert, Mark Benner, D. D. S., was attached to Roberts’ complaint pursuant to OCGA § 9-11-9.1. The dentist averred that Connell practiced below the standard of care “by failing to maintain control over the dental instrument he was using to remove excess cement after seating crowns . . . thereby resulting in and allowing the instrument to lacerate Candiss Roberts’ lower lip.” Connell filed a motion to strike the affidavit, and to dismiss the complaint with prejudice. Connell, subsequently withdrew the motion to strike the expert’s affidavit and to dismiss the malpractice claim. Roberts, thereafter, dismissed her claims of battery, breach of contract, and negligence per se; after which, there were only two remaining claims in the case —medical malpractice and informed consent.
