Tice v. Cole, A00A1021.
Decision Date | 21 July 2000 |
Docket Number | No. A00A1021.,A00A1021. |
Citation | 246 Ga. App. 135,537 S.E.2d 713 |
Parties | TICE v. COLE et al. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
James E. Maddox, Jr., Tucker, for appellant.
Goodman, McGuffey, Aust & Lindsey, Judy F. Aust, Danielle F. Forte, Atlanta, for appellees.
Following a jury trial, Randall Tice appeals the judgment in favor of defendants, Jim Cole, D.D.S., and Marietta Dental Associates, P.C., on his dental malpractice action, contending that the trial court erred by: (1) allowing defense counsel to cross-examine his expert witness about complaints filed against him; (2) admitting certain documents into evidence; and (3) charging the jury on foreseeability. In addition, Tice contends the trial court erred in granting partial summary judgment to defendants because certain negligence claims were time-barred. For the reasons set forth below, we affirm.
On appeal, the evidence is construed most strongly to support the verdict and judgment. Yeary v. Bell.1 So construed, the evidence shows that Tice first visited Dr. Cole, a general dentist at Marietta Dental Associates, for treatment in October 1983. At that time, Tice had severe, advanced periodontal disease in all four quadrants of his mouth, as well as bone loss and deterioration caused by the progression of the disease. As a result of Tice's poor dental hygiene, his teeth had become so diseased that they were too sensitive to clean thoroughly.
Tice was immediately referred to Dr. McFarland, a periodontist, for periodontal surgery. McFarland treated Tice for two years. Cole, however, saw Tice again in 1985, at which time the periodontal disease was less generalized, but still present. McFarland then performed additional gum surgery, and Cole recommended that Tice be checked every three months. Ignoring Cole's recommendation, Tice continued to neglect his teeth, sometimes waiting nine months before returning to the dental office. Due to Tice's infrequent visits, his treatment by both McFarland and Cole continued sporadically over a period of ten years. Tice was reminded that the disease would progress if he failed to care for his teeth at home, and, in fact, the disease did progress as predicted. Between 1983 and 1993, five teeth were extracted due to periodontal disease. These teeth were extracted without complications and without prescribing prophylactic antibiotic treatment.
On July 27, 1993, Tice called Marietta Dental Associates complaining that two of his remaining teeth were loose. In 1987, Tice had required a bridge on these same teeth due to bone loss caused by periodontal disease. Subsequently, because of severe bone loss, Cole extracted the teeth on July 29, 1993. Cole did not prescribe prophylactic antibiotics for Tice prior to the extraction because he was not a high risk patient. The testimony at trial showed that a high risk patient is a patient with diabetes, immune problems or heart valve problems or diffusing infection. Tice required only a local anesthesia for the extraction because his teeth were so loose and diseased that they could be lifted out easily. Following the extraction, Tice did not return to Marietta Dental Associates for further treatment. In August 1993, Tice was diagnosed with a brain abscess.
On July 25, 1995, Tice filed a complaint asserting dental malpractice against Cole and Marietta Dental Associates. Specifically, Tice alleged that Cole was negligent in treating him prior to the July 1993 extraction and in failing to prescribe prophylactic antibiotics at the time of the July 1993 extractions. Tice further alleged that, as a result of this negligence, he suffered a systemic infection which ultimately caused a brain abscess.
Cole and Marietta Dental Associates filed a motion for partial summary judgment, contending that any claims of alleged negligence occurring prior to July 1993 were barred by the statute of limitation, and the trial court granted the motion. The case went to trial, and, after a week of testimony, the jury returned a general verdict in favor of the defendants.
1. Tice contends that the trial court erred by allowing counsel for Cole to cross-examine Dr. Robert Fish, his expert witness, concerning disciplinary matters filed against him. He also raises as error the admission into evidence of documents from the administrative complaints filed against Fish.
At trial, Tice presented the videotape testimony of Fish, a general dentist, who testified that Cole had breached the standard of care in his treatment of Tice. Establishing his credentials on direct examination, Fish testified that he taught courses needed for relicensure on behalf of the Florida Dental Board and that he had been qualified as an expert by the Florida Department of Administrative Hearings.
On cross-examination, Fish was asked about three administrative complaints alleging that he breached a standard of care in his treatment of the complaining patient. In the first instance, Fish admitted at the time that he breached the standard of care and was reprimanded by the dental board. In the second instance, Fish stipulated at the time to a breach of standard of care and agreed to pay a fine to the patient; however, he explained at the subject trial that the stipulation had been later withdrawn. In the third instance, Fish acknowledged that the Florida Dental Board recommended a finding that he failed to exercise the appropriate standard of care in his treatment of a patient. In each instance, Fish acknowledged the administrative complaint and testified about the substance of the documents as he explained the circumstances of each complaint.
(a) Tice filed a motion in limine to exclude the cross-examination of Fish regarding the administrative complaints and the admission of the documents, contending that such were not relevant to the case. As Tice's objection at trial was based solely on lack of relevancy, it failed to preserve any question for review.
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