Goldstein, Garber & Salama, LLC v. J. B.

I respectfully dissent. The trial court erred in denying GGS’s motion for directed verdict because, contrary to the majority’s holding, J. B. could not prove liability by negligence per se or professional negligence for the reasons set forth infra.(a) Negligence Per Se. I disagree that GGS could, under the facts of this case, be liable for negligence per se by its violation of OCGA § 43-11-21.1, which regulates the administration of deep sedation and general anesthesia. In pertinent part, OCGA § 43-11-21.1 prohibits dentists from “administer [ing] general anesthesia on an outpatient *428basis…