Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brown v. Belinfante

A dentist committed negligence per se by performing elective cosmetic procedures in violation of O.C.G.A. § 43-11-17.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Gail Brown sued Louis S. Belinfante, D.D.S. and the Atlanta Orthofacial Surgicenter, LLC after Belinfante performed several elective cosmetic procedures on her: a rhytidectomy facelift, a genioplasty chin augmentation, a four-lid blepharoplasty eyelid revision, and a dermabrasion facial laser resurfacing. Belinfante is not a physician. He is licensed to practice dentistry in Georgia and was employed by the Surgicenter. Brown claims that after the cosmetic procedures, she could not close her eyes completely, developed chronic bilateral eye infections, and required remedial corrective surgery. She also claims that the surgery on her chin caused a speech impediment and facial asymmetry. Among other things, Brown alleged that Belinfante’s performance of the cosmetic procedures constituted negligence per se because he exceeded the scope of the practice of dentistry, violating OCGA § 43-11-1 et seq referred to by the parties and the trial court as the “Dental Practice Act” and Rule 150-8-.01 h promulgated thereunder by the Georgia Board of Dentistry Board.

Belinfante denied practicing outside the scope of dentistry. In his deposition, he stated, “I’m an oral and maxillofacial surgeon who is a dentist, and our specialty performs those kinds of operations.” The trial court granted the defendants partial summary judgment on the negligence per se claim, relying on Cardio TVP Surgical Assoc. v. Gillis1 to conclude that “the question of whether or not Defendant Dr. Belinfante was practicing within the scope of the Georgia Dental Practice Act is not an issue to be determined by the jury sitting as the trier of fact.” Brown appeals that ruling.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
White Plains City Court Judge Positions

The City of White Plains is accepting applications for two City Court Judge positions. The City Court Judge position requires an attorney wh...


Apply Now ›
Labor and Employment Litigation Associate / General Liability Litigation Associate / Construction Accident Litigation Associate

Named in the 2025 edition of U.S. News - Best Lawyers "Best Law Firms" for the 15th consecutive year in both Medical Malpractice Law and Per...


Apply Now ›
Chicago Commercial Finance Associate (Mid-Level)

Duane Morris LLP (a 900 lawyer firm with 20 plus offices across the country, and in London and Singapore) seeks an experienced commercial fi...


Apply Now ›
Go to Lawjobs