Monyouette Griffin brought this dental malpractice action to recover damages stemming from Dr. Stephen Bankston’s alleged negligence in failing to administer an antibiotic before, during, or after the surgical extraction of her wisdom teeth.1 The case went to trial and the jury returned a verdict in favor of Dr. Bankston. In Griffin v. Bankston , 295 Ga. App. 387, 390-391 2 671 SE2d 873 2008, we relied upon precedent of the Supreme Court of Georgia and of this Court to conclude that the trial court correctly excluded deposition testimony from one of Ms. Griffin’s treating physicians concerning the physician’s personal practice of administering an antibiotic as a preventative measure. The Supreme Court, however, remanded the case to this Court for reconsideration in light of Condra v. Atlanta Orthopaedic Group , 285 Ga. 667, 669-672 1 681 SE2d 152 2009, where the Supreme Court overruled that prior line of precedent. Upon reconsideration, we conclude that the trial court committed reversible error by excluding the physician’s testimony. Accordingly, we vacate our prior judgment, and we reverse and remand for a new trial. The record reflects that on November 19, 2001, Ms. Griffin sought dental care from Dr. Bankston, an oral and maxillofacial surgeon, for intermittent tooth pain. Dr. Bankston reviewed Ms. Griffin’s dental x-rays, performed an oral examination, and determined that she needed two of her wisdom teeth surgically extracted. At trial, Ms. Griffin presented documentary evidence allegedly showing that Dr. Bankston also diagnosed her with acute pericoronitis, an active inflammation around a tooth. In contrast, Dr. Bankston testified that he had only determined that Ms. Griffin had a past history of pericoronitis based on her complaints, and that there were no signs of active inflammation or infection at the time of the exam.
Following the initial exam, surgery was set for November 30, 2001. Dr. Bankston surgically extracted Ms. Griffin’s two wisdom teeth on that date as scheduled. On the day of the surgery, Ms. Griffin’s symptoms had not changed from the time of her initial exam on November 19. Dr. Bankston did not administer or prescribe penicillin or any other antibiotic to Ms. Griffin before, during, or after her surgery.
